High Court of Gujarat
RAMESHBHAI JESANGBHAI KOLIversusSTATE OF GUJARAT
- Decided
- Disposal
- 26-DISMISSED @ ADM.STAGE
- Bench
- ANIRUDDHA P MAYEE
Holding
The petition is dismissed as being devoid of merit.
Summary
The petitioner, a resident of Tappar village, filed a special civil application seeking a writ directing the Collector to decide his earlier application and to restrain Gujarat Energy Transmission Corporation Ltd. from laying underground electric transmission cables through the village. The respondent corporation had obtained all necessary permissions, including a No Objection certificate from the Gram Panchayat, and the cables were not passing through the petitioner's land. The petitioner alleged inconvenience, road damage, and damage to water pipelines but could not demonstrate any specific prejudice to himself. The Court noted that the petitioner failed to show material injury or standing and described the petition as frivolous and an obstacle to the ongoing work. Consequently, the Court held that the application was devoid of merit. The petition was dismissed without any order as to costs.
Issues considered
- Whether the petitioner has sufficient locus standi and can demonstrate specific prejudice to obtain a writ restraining the laying of underground transmission cables
- Whether the special civil application is maintainable in view of the permissions already obtained by the respondent
Subjects
- writ petition
- underground transmission lines
- prejudice
- locus standi
- public utility
- civil procedure
- environmental impact
Judgment
C/SCA/1668/2026 ORDER DATED: 06/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1668 of 2026
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RAMESHBHAI JESANGBHAI KOLI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
KRISHNAN M GHAVARIYA(8133) for the Petitioner(s) No. 1
MS ASHLESHA M PATEL(6127) for the Petitioner(s) No. 1
MR NIKUNJ KANARA AGP for the Respondent(s) No. 1,2,4,5
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 06/02/2026
ORAL ORDER
1. The present writ petition is filed praying for appropriate
writ, order or direction to the learned Collector to decide the
application made by the petitioner dated 17.12.2025 and also
restraining the respondent No.3 from laying down the
underground transmission cables within the limits of village
Tappar.
2. In the present case, the respondent No.3 – Gujarat Energy
Transmission Corporation Ltd. is undertaking the work of laying
down of underground electric transmission lines from the Tappar
dam. Appropriate permissions have been taken. No Objection of
the Gram Panchayat, Tappar has also been obtained and
thereafter, the underground transmission lines are being laid by
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C/SCA/1668/2026 ORDER DATED: 06/02/2026
the respondent No.3, which is passing through the village
Tappar. The petitioner is a resident of village Tappar.
3. Upon a query being asked by the Court as to how the said
work is prejudicial to the petitioner, the learned advocate for the
petitioner could not point out any specific prejudice. He submits
that due to the digging work being carried out, the people of the
village are inconvenienced and the roads of the village are being
destroyed. Even the road opposite the village temple has been
dug up substantially and there is also a damage to the water
pipelines. The petitioner in the present case could not point out
any prejudice caused to him nor any material is placed to show
as to how the petitioner is materially affected by such work.
Even the transmission lines are not passing through the land of
the petitioner. The prayers prayed for and the grounds raised in
the present writ petition are frivolous and are in the nature of
creating obstacles in the onging work being undertaken by the
respondent No.3.
The present Special Civil Application is devoid of merits
and is accordingly dismissed. No order as to costs.
(ANIRUDDHA P. MAYEE, J.)
KAUSHIK D. CHAUHAN
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAUSHIKKUMAR DINESHCHANDRA CHAUHAN(HC00197), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 06/02/2026 18:23:51
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