Vipul M.Pancholi,J. - (1.)This petition is filed under Article 226 of the Constitution of India, in which, the petitioners have prayed for the following reliefs:
"(a) Your Lordship may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus and be further pleased to direct respondent no.3 and 4 to produce all the documents, materials, papers, surveys, maps etc. relating to their proposed route before my Lordships to satisfy/verify that the said proposed route is finalised after following due process of law and this is the only best option available with respondent no.3 and 4 to lay down a 765 KV overhead high tension lines which will pass from the petitioners' land and the Villages Padamla, Sokhada and Asoj.

(b) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order, or direction in the nature of certiorari and be pleased to quash the proposed route of respondent no.3 if it is not in accordance with the law and is proposed without following due process of law.

(c) Your Lordship may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus and be further pleased to direct the respondent no.3 and 4 to reroute/deviate the subjected high-tension electricity line from the boundaries of the agricultural lands to not detrimentally affect the agricultural use of the agricultural lands of any of the petitioners AND be pleased to suggest alternate mode (underground) of installation of the said overhead transmission lines OR any other alternate mode in the interest of justice.

(d) Your Lordship may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus and be further pleased to direct respondent no.3 and 4 to submit their representations before respondent no.5 raising their grievances, which may be considered and appropriate decision be taken by respondent no.5 after giving an opportunity to the petitioners as well in accordance with the law.

(e) Till the admission, pendency, final hearing, and disposal of the present petition, Your Lordship may be pleased to restrain respondent no.3 and 4 from installing/ erecting any transmission lines and towers and/or felling any trees or removing any agricultural produce upon and in the petitioners' agricultural lands from their proposed route and further be pleased to restrain respondent no.3 and 4 from acting dehors the Act and the Rules.

(f) Ex-parte interim relief in terms of para(e) may be granted.

(g) Grant such other and further relief(s) as may be deemed fit in the interest of justice."

(2.)Heard learned advocate Mr.Saket A. Waghela for the petitioners, learned Assistant Government Pleader Mr.Ronak Raval for respondent No.2 and learned advocate Mr.S.P. Hasurkar for respondent No.3.
(3.)Learned advocate for the petitioners has referred the averments made in the memo of the petition and, thereafter, contended that the petitioners are owners of the agricultural lands situated at Villages Padamla, Sokhda and Asoj, details of which, are given in Paragraph-4.1 of the petition. It is submitted that officer of respondent No.3, without conducting any proper inquiry, highhandedly entered into the land of the petitioners on 30/31.07.2020. The petitioners were informed that respondent No.3 is proposing to lay down a 765 KV D/c overhead high-tension lines from their lands. It is submitted that when the petitioners resisted said unreasonable action of the officer of respondent No.3, he had given threats to the petitioners. The petitioners issued Notices dated 17.08.2020 and 19.08.2020 through their Advocate to respondent No.3 and thereby the petitioners have objected to the action of the Officer of respondent No.3. At this stage, learned advocate has also referred to the reply dated 26.08.2020 given by respondent No.3, a copy of which is placed on record at page-62 of the compilation. It is further submitted that because of the laying down of the transmission line in question, the petitioners will suffer irreparable loss. It is also contended that request was made to the respondents to change the route of the said transmission line. However, no response is given by respondent No.3. It is further submitted that the petitioners have also made a representation for grant of compensation. However, respondent No.3 has not awarded any compensation to the petitioners. At this stage, learned advocate has referred the chart for tentative compensation amount which was given by respondent No.3 to the petitioners, copies of which are placed on record at Pages-105 and 106 of the compilation. After referring to the same, it is contended that respondent No.3 has offered very meager amount of compensation and, therefore, appropriate direction be issued to respondent No.3 to grant compensation to the petitioners.
3.1 At this stage, learned advocate for the petitioners has referred the provisions contained in Section 10(d) of the Indian Telegraph Act, 1885 ("the Act" for short) and, thereafter, submitted that it is the duty of respondent No.3 to see that minimum damage takes place because of the installation of the transmission line in question. However, no survey has been carried out by respondent No.3 before laying down of the transmission line. Learned advocate for the petitioners has placed reliance upon an order dated 29.08.2013 passed by the Division Bench of this Court in Special Civil Application No.18334 of 2011 and allied matters ( Dilip Singh Chauhan Vs. Gujarat Urja Vikas Nigam Limited ). Learned advocate has more particularly placed reliance upon Paragraphs-59 and 60 of the said decision.

3.2 Learned advocate for the petitioners, therefore, urged that this Court may grant reliefs as prayed for in the present petition by giving appropriate direction to respondent No.3.