BHUPENDRASINH ABHESINH DABHIversusTHE GUJARAT ENERGY TRANSMISSION CORPORATION LIMITED(GETCO)

     C/SCA/6632/2026                              JUDGMENT DATED: 06/05/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 6632 of 2026


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
================================================================

            Approved for Reporting               Yes          No
                                                              ✔
================================================================
                  BHUPENDRASINH ABHESINH DABHI
                               Versus
          THE GUJARAT ENERGY TRANSMISSION CORPORATION
                       LIMITED(GETCO) & ANR.
================================================================
Appearance:
MS POONAM M MAHETA(11265) for the Petitioner(s) No. 1
MR ANGESH A PANCHAL, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1,2
================================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                             Date : 06/05/2026

                                JUDGMENT


1.      RULE returnable forthwith. Learned Assistant Government
Pleader Mr. Angesh Panchal, waives service of notice of Rule for and
on behalf of the respondents.


2.      With the consent of the learned counsels for the parties, the
matter is taken up for final hearing and disposal.


3.      By way of present petition under Articles 226, 227 & 300A of
the Constitution of India read with the provisions of the Electricity Act,
2003 (hereinafter be referred to as “the Act”) and Rules thereunder,



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   C/SCA/6632/2026                                     JUDGMENT DATED: 06/05/2026




petitioner has prayed for the following reliefs :


      “(A) The Hon'ble Court be pleased to issue a writ of mandamus and/or any
      other appropriate writ, order or direction quashing and setting aside the
      impugned action, proposed activity, notices, communications and
      consequential proceedings initiated by the Respondents for erection of
      transmission tower and/or drawing of high-tension transmission line
      through the Petitioner's land bearing Revenue Survey No. 775 situated at
      Mouje Veraval, Taluka Veraval Patan, District Gir Somnath:

      (B) The Hon'ble Court be pleased to issue a writ of mandamus and/or any
      other appropriate writ, order or direction directing the Respondents not to
      enter upon, interfere with, excavate, dig, mark, measure, erect tower,
      string wires or carry out any nature of work upon the Petitioner's land
      bearing Revenue Survey No. 775 without following due process of law and
      without prior adjudication by the competent authority;

      (C) The Hon'ble Court be pleased to direct Respondent No. 1 to forthwith
      place on record and furnish to the Petitioner copies of the sanctioned route
      alignment plan, tower spotting plan, technical drawings, survey records,
      approvals, permissions, notifications and all documents relied upon for
      routing the proposed line through the Petitioner's land;

      (D) The Hon'ble Court be pleased to direct the Respondents to consider and
      evaluate the adjoining Government vested land / SarkariPadtar land
      available in the vicinity as an alternate and less prejudicial route for
      carrying the proposed transmission line, instead of burdening the
      Petitioner's private agricultural land;

      (E) The Hon'ble Court be pleased to direct that in the event the
      Respondents still propose to utilize any portion of the Petitioner's land, the
      same shall not be done unless objections of the Petitioner are first decided
      by the competent District Magistrate / authority in accordance with law
      after granting full opportunity of hearing;

      (F) The Hon'ble Court be pleased to direct that no work whatsoever shall be
      undertaken upon the Petitioner's land unless fair, lawful and prior
      compensation is determined and secured in favour of the Petitioner,
      including compensation towards land value, diminution in value, crop loss,
      irrigation damage, access impairment and recurring restrictions arising out
      of Right of Way corridor;

      (G) Pending admission, hearing and final disposal of the present petition,
      The Hon'ble Court be pleased to grant ad-interim and interim relief
      restraining the Respondents, their ofÏcers, servants, contractors and
      agents from entering upon the Petitioner's land, carrying out excavation,
      cutting trees, damaging crops, laying foundations, erecting poles/towers,
      stringing wires or creating any third-party rights in respect of Revenue
      Survey No. 775;



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        (H) Pending admission and final disposal of the present petition, The
        Hon'ble Court be pleased to direct respondents to maintain status quo qua
        nature, character, possession and use of the Petitioner's land bearing
        Revenue Survey No. 775;

        (I) The Hon'ble Court be pleased to award costs of this petition and grant
        such other and further reliefs as may be deemed just, fit and proper in the
        interest of justice.”


4.      It is the case of the petitioner that, the petitioner has acquired
valid right, title and possession over the subject land through a duly
registered sale deed dated 20.10.2011, and the revenue records also
reflect the petitioner's ownership and possession. That, the said
agricultural land is fertile land and constitutes an important source of
livelihood and economic security for the petitioner and his family. It is
the case of the petitioner that, in the month of April 2026, ofÏcers,
servants and contractors acting on behalf of respondent No.1
suddenly attempted to enter upon the petitioner's land with
machinery and equipment for the purpose of inspection, marking,
digging, erection of transmission tower and laying of overhead high-
tension line. That, the said attempt was made without prior lawful
notice, without personal service of any communication, and without
granting any meaningful opportunity of hearing to the petitioner.
That, no joint survey was conducted in his presence, no route
alignment plan or approved corridor map was supplied, no tower
spotting details or coordinates were furnished, no panchnama or site
proceedings were prepared, and no compensation assessment or
damage         valuation   was     communicated.        That,    the     adjoining
Government vested land (Sarkari Padtar) was available in the
immediate vicinity, which provides a feasible and less prejudicial
alternate corridor for carrying the proposed transmission line,
however, instead of utilizing available Government land, the
respondents have allegedly altered and diverted the alignment so as


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to route the line through the petitioner's privately owned cultivated
land, thereby causing avoidable hardship and serious prejudice. That
therefore,       the   petitioner   immediately   raised    objections         by
representation dated 21.04.2026 and also approached the competent
District Magistrate authority under Section 16 of the Indian Telegraph
Act, 1885, however, no effective adjudication or protective action has
been taken till date.


5.      Being aggrieved and dissatisfied with the action and inaction on
the part of the respondent authorities, present petition is preferred.


6.      Heard learned counsel appearing for the respective parties.


7.      Learned counsel for the petitioner has submitted that the
representation made by the petitioner before the respondent
authority is pending since long and till date the same has not been
decided by the concerned respondent authority and therefore, leaned
counsel for the petitioner has urged that the present petition be
allowed and the respondent authorities be directed to decide the
representation made by the petitioner within a stipulated time period.


8.      Learned counsel Mr. S.P. Hasurkar, who appears on advance
copy being served, upon instructions received from the concerned
department, has submitted that the authority shall approach the
concerned District Collector and after obtaining necessary permission
only, they will lay down the line.


9.      In view of above submission canvassed by the learned counsel
Mr. Hasurkar, now there is no merits in the present petition and the



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        C/SCA/6632/2026                                                      JUDGMENT DATED: 06/05/2026




present petition is disposed of. Rule is discharged.


10.        It is, however, observed that at the time of deciding the
application to be made by the respondent, the concerned District
Collector may call for the petitioner and after hearing the petitioner,
the decision shall be taken by the concerned Collector in accordance
with law.


11.        In case of any difÏculty, it is open for the petitioner to approach
this Court by way of filing a fresh application.



                                                                   (HEMANT M. PRACHCHHAK,J)

Dolly




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 07/05/2026 18:09:15



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