SEDHAJI MAGANJI KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:-

(2.) The case of the petitioner is that the petitioners are the owners and occupiers and are in possession of their respective land which is the only source of their livelihood. A land bearing Revenue Survey No. 242 (old 325+365+366+367 Paiki 6) situated in Village Aagathala, Taluka Lakhani stated to be under the ownership and possession of petitioner No. 1 from which 9 electric poles of 22 K.V. have already been installed by the respondent No. 2 - authority and the authority is further inclined to erect new 6 electricity poles of 66 K.V. by laying down high tension transmission lines and that too the same is in contemplation without prior intimation. According to the petitioners prior to such, no notice was given to the petitioner except notice dtd. 8/9/2021. If such laying down of transmission lines is allowed to be erected then the land of petitioner No. 1 would be totally covered with electric poles and transmission lines causing great prejudice to the fertility of the land as well as the market value of the land would also diminish. Similar is the case with petitioner Nos. 2 and 3 as stated in Paragraph No. 5.

(3.) The notice was responded by the petitioner by approaching the respondent No.1 - Sub Divisional Magistrate, Deodar raising objection and the said objections were lodged in writing on 12/9/2021. However, according to the petitioners, without examining and without entering into the any such analysis of documentary evidence, on 7/12/2021 an order came to be passed, not considering the request of the petitioners. On the contrary, the respondent No. 1 granted permission to the respondent Nos. 2 and 3 for immediate execution of work of installation of electric poles and laying down of high tension transmission lines.