RAFIKBHAI ABHRAMBHAI MODAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This intra- court appeal is directed against the order dated

(2.) 9.2021 passed in Special Civil Application No.3904 of 2021, under which application, the appellants herein had opposed the construction and erection of 765 KV Transmission Line from KV Lakadia (Bhuj) to Waghodia (Vadodara, having total length of 350 Kms. starting from Lakadia (Bhuj) to Waghodia (Vadodara) contending inter alia that they are owners and occupiers of the lands situated in village Simej and Roopgadh, Taluka Dholka, District Ahmedabad and drawing of the said transmission line would result in value of their land diminishing and they would not be able to put their land for beneficial use. 2. Sum and substance of the contentions raised before the learned Single Judge in Special Civil Application and reiterated before this Court in the present appeal is to the effect that alleged transmission line, which is being laid by respondent No.2, is not properly aligned or in other words the alignment is not a straight line as required in laying down of such lines and the proposed alignment is to favour certain industrialists and other persons, as referred to in the petition, on account of which, the petitioners/ appellants are gravely prejudiced. In fact, petitioners, had challenged the notice dtd. 7/1/2021 issued by the second respondent, informing the recipients, namely petitioners, about the laying down of transmission line and tower for such transmission line being required to be erected in the land of the petitioners and further informing them that land is not being acquired and they would be able to cultivate the said land below the transmission line. The petitioners have also been informed of the compensation that would be paid to them for laying the transmission line, which may result in causing damage to the existing standing crops and have intimated the petitioners to approach the jurisdictional District Judge for enhancement of compensation, if not being satisfied with the quantum of compensation that would be awarded.

(3.) The respondents on being notified, they have appeared before the learned Single Judge, filed their statement of reply and denied the averments made in the petition, except to the extent expressly admitted thereunder.