BANAS PROJECTS LLP Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner by way of the present petition filed under Article 226 of the Constitution of India has challenged the order dated 25.08.2020 passed by the District Magistrate - respondent No. 4 (Annexure 'M' collectively), whereby the District Magistrate has allowed the application filed by the Gujarat Energy Transmission Corporation Limited (GETCO) under section 16(1) of the Indian Telegraph Act, 1885 (hereinafter referred to as 'the Act') and granted permission to the respondent - GETCO to install the 66 KV Electric Transmission Cable over the parcels of lands including the lands belonging to the petitioner and the respondent No. 5 to 22 situated at Village Nenava, Taluka Dhanera. The petitioner has also challenged the notification dated 07.02.2018 (Annexure A1) so far as it permits the respondent - GETCO to install the said electricity transmission lines over the lands in question.

(2.) The case of the petitioner in nutshell is that the petitioner is a Limited Liability Partnership Firm incorporated under the provisions contained in the Limited Liability Partnership Act, 2008. The petitioner is the owner of the lands bearing Survey No. 1096 and 1100 (now a part of consolidated land bearing Revenue Survey No. 1050) situated at Village Nenava, Taluka Dhanera. The respondent No. 1 issued the notification dated 07.02.2018, permitting the respondent GETCO to install and pass 66 KV electricity transmission lines from the lands of various persons including the petitioner's land. The petitioner therefore requested the respondent - GETCO to install poles in such a way that the said lines pass through the adjacent lands which are agriculture lands, as the petitioner's land is NA land, and the huge damage would be caused to the petitioner if the said lines are installed in the petitioner's land. Since a dispute was raised by the petitioner and others, the respondent - GETCO made an application under section 16(1) of the said Act to the respondent No. 4 seeking permission to lay down and pass over the said transmission lines over the lands belonging to the petitioner and respondent Nos. 5 to 20. After the service of notice dated 13.02.2020, the petitioner appeared before the respective No. 4 on 28.02.2020 through his Advocate and requested for time to file reply. The hearing thereafter was kept on 17.03.2020 and thereafter on 11.08.2020, due to the current pandemic situation. When the hearing was to take place on 13.08.2020, the petitioner had again sought time to file reply, however, the respondent No. 4 proceeded with the hearing of the application of the respondent - GETCO under section 16(1) of the said Act. After hearing the submission made on behalf of the concerned parties, the respective No. 4 passed the order dated 25.08.2020 granting the permission to the respondent GETCO to install and pass over the transmission lines amongst the various parcels of lands including the petitioner's land. Hence, the petitioner has filed the present petition challenging the said order passed by the respondent No. 4.

(3.) Learned advocate Mr. S. P. Majmudar for the petitioner submitted that the impugned order passed by the respondent No. 4 is in violation of the principles of the natural justice as the respondent No. 4 did not give adequate opportunity of hearing to the petitioner to submit his reply. He further submitted that the impugned order having been passed without any reasons, the same deserves to be set aside. Mr. Majmudar further submitted that the petitioner is intending to build an Agriculture Industrial Park on the land in question and if the respondent - GETCO is permitted to install and lay down the transmission lines, that would cause huge damage to the petitioner's land. Placing reliance on the map at Annexure N collectively, he submitted that there is an alternative land available to the respondent - GETCO to install the transmission lines which would cause least damage to the lands, however, the respondent NO. 4 without considering the said aspect, has passed the impugned order which deserves to be set aside. He has relied upon the decision of this Court in case of Karen Ratanjibhai Becharbhai & Others Vs. Gujarat Energy Transmission Corporation Limited (GETCO) & Ors. (in Special Civil Application No. 16946 of 2016 & Others) decided on 28.12.2017