NARBHESHANKARBHAI ARJANBHAI TERAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition under Articles 14, 16, 18, 19, 226 and 227 of the Constitution of India, the petitioners who are agriculturists and having agricultural lands at village Badel - Pipariya, Tal. Babra, Dist. Amreli have challenged the action on the part of the respondent No.4 of installing electric towers in their agricultural fields as well as also challenged the order dated 29.7.2020 passed by the Collector and District Magistrate, Amreli in Case No.Nachi/IEA/Case/Regi. No.05/2020 by which the learned Collector and District Magistrate, Amreli while exercising his power under the provisions of Section 16 (1) of the Indian Telegraph Act , 1985 has rejected the objections raised by the petitioners.

(2.) In response to the notice issued by this Court, the respondent No.4 has appeared through learned advocate Mr. S.P. Hasurkar and filed affidavit-in-reply dated 13.8.2020 and copy thereof is served to learned advocate appearing for the petitioner.

(3.) The short facts arise from the record are that the respondent No.4 intended to erect 66 KV Sub-Station between Lunidhar Substation to M/s. Vena Energy Shivkink Wind Power Private Limited and hence, a map was prepared to erect certain electric towers on different agricultural lands. When the question arose about installation of such towers on the lands belonging to the petitioners, objections were raised by the petitioners before the Collector and District Magistrate, Amreli who is an Authorized Officer under the provisions of the Indian Electricity Act , 1910 read with Indian Telegraph Act , 1985. The Collector and District Magistrate, Amreli by his order dated 29.7.2020 dismissed the objections of the petitioners. Hence this petition.