1. Heard Mr. Mehta, learned Advocate for petitioner. The petitioner has taken out present petition seeking below mentioned relief and directions:
"8(A) Be pleased to issue appropriate writ and direction in the nature of writ of mandamus for quashing and setting aside the discriminatory action for installing huge High Power Transmission Towers in the agricultural lands of the petitioners and also for the violating the fundamental rights of the petitioners by the respondent authority and further be pleased to hold the same as illegal, arbitrary and discriminatory as the same is in violation of Art.14, 19(1)G and 300A of the Constitution of India.
(B) Your Lordships be pleased to direct the respondents and particularly respondent No.1 to follow the due process of law as prescribed including payment of appropriate compensation and further be pleased to direct the respondents to undergo the acquisition proceedings to install the High Power Transmission Towers in the agricultural lands of the petitioners."
2. The petitioner has stated that somewhere in June 2011 the respondent authorities commenced the work of survey of villages of Taluka Morbi, District: Rajkot for installing Transmission Towers and laying electricity line. The petitioner has further claimed that even other residents of the villages of Taluka Morbi filed a writ petition in this Court in January 2012. It is also claimed by the petitioner that by order dated 23.04.2012 the Court passed an order observing, inter alia, that the matter deserves to be referred to the Larger Bench of three or more Hon'ble Judges for deciding the issue mentioned in the order dated 23.04.2012.
3. The petitioner has, thereafter, mentioned the details about certain other petitions which came to be filed in May 2012 wherein orders are said to have been passed directing the respondent authorities to maintain status quo. On the basis of the said orders the petitioner has prayed for below mentioned interim relief:
"8(C) Your Lordships be pleased to stay the further implementation and execution of any such work on the agricultural lands of the petitioner under the proposed 400 KV Mundra-Hadala transmission line passing at village Jasmatgadh of Taluka Morbi, District Rajkot pending the admission and final hearing the present petition."
4. It is not in dispute that the respondent company proposes to construct the Transmission Towers and laying down 400 KV Transmission Lines. The activity undertaken or proposed to be undertaken by the respondent company is for larger public purpose and interest as against individual right or interest.
5. As of now, the actual details related to the factual aspects are not clear, inasmuch as it does not come out exactly, from the record of the petition, as to whether the respondent company has already commenced the work related to construction of Transmission Tower and/or erection of Transmission Lines or not and if any work has commenced, how far it has progressed.
6. The facts on record are hazy and order directing the respondents to maintain status quo as prayed for by the petitioner may lead to more complications and allegations/counter allegations.
7. If at all any preliminary work is commenced and/or undertaken and if ultimately petitioner succeeds then appropriate directions can be passed.
8. However, in view of the fact that monsoon is imminent and the work commenced or proposed to be commenced by the respondent company concerns larger public interest it does not appear appropriate to grant ex-parte ad- interim relief to the petitioner.
9. The petitioner has claimed that under the order dated 23.04.2012 the Court has observed that the issue involved in S.C.A.NO.18334 of 2011 and other connected matters deserves to be referred to the Larger Bench.
10. However, it is not the case of the petitioner that any order staying the implementation and operation of the judgment by the Division Bench (2011 (2) GLH 781) is passed.
11. Therefore also, it does not appear appropriate to grant any ex-parte ad-interim relief to the petitioner. Under the circumstances, below mentioned order is passed:
Notice returnable on 18th June 2012.
12. Direct service is permitted.
(K.M.THAKER, J.) jani Top