ARVINDBHAI SURJIBHAI VAGHAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petition has been filed inter alia for the following reliefs:

(2.) At the outset, learned advocate Mr.Hasurkar appearing for the respondent No.2 has submitted that work of laying the cables is over after constructions of towers and electricity is also in operation.

(3.) Learned advocate Mr.Zubin Bharda appearing for the petitioners has submitted that the petitioners are not paid any compensation for their land being utilized for installation for underground cable. He has placed reliance on the provision of Sec. 10(c) and (d) of the Indian Telegraph Act , 1885 (for short "the Telegraph Act "). He has also placed reliance on the provision of Sec. 16 of the Telegraph Act and has submitted that the petitioners can only approach District Judge, if compensation is not paid. Further, it is not denied by the learned advocate that the electric cables are also installed after construction of towers and electric charge is also operational. He has placed reliance on the provision of Clause (d) and sub-sec. (i) of Clause (e) of Sec. 4 of the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (for short "the PESA Act") and has submitted that Gramsabha in fact, vide communication dtd. 7/10/2021 had objected for construction or laying down of the cables however, nothing was done. It is submitted that thus, the prayers made in the writ petition may be allowed.