VINODCHANDRA MANIBHAI PATEL Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has challenged the legality and validity of the impugned order dated 25.3.2021 passed by the respondent District Magistrate in Case No.1 of 2021.

(2.) The brief facts leading to filing of the petition are that petitioner is an owner of the land situated at Revenue Survey Nos.84,86 and 87/A at village Padmala, Taluka Vadodara (Rural), District Vadodara, which is an old tenure land, and he is carrying his agricultural activity and the land is having around 300 Neem trees. Respondent No.2, which is an electricity company, had submitted an application before the respondent Collector, Vadodara for installation of electricity poles over the land of the petitioner. The said poles are to be implanted practically in the middle of the land. In response to the said application, the District Collector was pleased to issue notice upon the petitioner, in which detailed reply is submitted. However, according to the petitioner, without paying any heed to the said reply, the District Collector was pleased to pass an order on 25.3.2021 rejecting the objection of the petitioner and permitted the respondent electricity company to install the electricity poles across the land of the petitioner, which order is made the subject matter of the present petition.

(3.) The Court, upon submission of the petitioner, was pleased to issue notice on 13.5.2021 and after the respondent submitted appearance and filed affidavit-in-reply, the matter has come up for consideration before this Court today.