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Jashwantbhai Keshavbhai vs State Of Gujarat &

High Court Of Gujarat|27 December, 2012

JUDGMENT / ORDER

1. By way of present petitions, the petitioners are seeking following relief :
(A) Your Lordships may be pleased to restrain the respondent No.2 Company from laying 66 KV high tension electric supply lines through the agricultural lands of the petitioner as the same is in breach of section 171 of the Electricity Act, 2003 and the rule 3 and rule 16 of Works of Licensee Rules, 2006;
(B) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction declaring the action of the respondent No.2 Company in laying 66 KV high tension electric supply liens through the agricultural lands of the petitioner as illegal, unlawful, unreasonable, arbitrary and thus, violative of Articles 14, 21 and 300A of the Constitution;
Your Lordships be pleased to issue a writ of mandamus directing the respondent No.2 to alter its plan for laying 66 KV tension electric supply lines from Chandrapura Substation to Baska Substation in such a way that high tension electric supply lines do not pass through the agricultural lands of the petitioner.
Pending admission and final hearing of the present petition, Your Lordships be pleased to restrain the respondent No.2 Company from laying high tension electric supply lines through the lands of the petitioner for the purpose of transmitting electricity from Chandrapura Substation to Baska Substation;
2. Learned advocates appearing for the parties, during the course of arguments, submitted that if the respondents move before the concerned District Magistrate and the petitioners may be permitted to raise all the issues before the said Authority, that would serve purpose of the parties.
In view of the statements made by the learned advocates for the concerned parties, the respondents are permitted to move before the concerned District Magistrate and the petitioners are at liberty to raise all the issues before the said Authority. The District Magistrate concerned is directed to consider and decide the same, in accordance with law, after affording opportunity of hearing to the parties.
4. In view of the above, the petitions are disposed of. Notice is discharged.
(Z.K.SAIYED, J.) YNVYAS Page 3 of 3
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Title

Jashwantbhai Keshavbhai vs State Of Gujarat &

Court

High Court Of Gujarat

JudgmentDate
27 December, 2012