ISHWARBHAI NANJIBHAI KOLI Vs. COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) Being aggrieved by the order dtd. 29/6/2020 passed by the Collector and District Magistrate, Surendranagar in Pole Vij Rekha / Case No.13 of 2020, the petitioners have filed the writ petition.

(2.) At the outset, learned advocate Mr.Mehta, appearing for the petitioners has submitted that the impugned order is without jurisdiction since the respondent Authorities have also determined the compensation, though the application was filed by the respondent No.2 seeking permission for laying down the transmission line. He has submitted that though the petitioners have received the compensation, they are disputing the same as they are entitled to much amount, which is already granted to them. It is submitted by him that by the aforesaid order, in fact, the petitioners would be deprived of the remedy under Sub-sec. (3) of Sec. 16 of the Indian Telegraph Act, 1885, (for short, "the Act") for challenging the compensation, which was already determined by the Authority.

(3.) In response to the aforesaid submissions, learned advocate Mr.Hasurkar appearing for the respondent No.2 has submitted that the respondent - company had offered compensation Rs.225.00 per sq.mtrs. as against Rs.38.00, as per Jantri value, which was fixed in the year 2011 for laying down the construction and erection of the transmission line. It is submitted that the compensation is determined as per the policy of the State Government and in case, the petitioners are aggrieved by the same, they can approach under Sub-sec. (3) of Sec. 16 of the Act.