- (1.) All the captioned appeals constitute a group inasmuch as they arise from common order passed by learned Single Judge in the respective Special Civil Applications. The other Special Civil Applications forming part of these cognate matters have their common subject matter and identical challenge, which were ordered to be placed with the appeals and all the matters were heard together. They since raise common facts, contentions and issues, are being considered simultaneously by this judgment. 1.1 It may be stated that all the captioned petitions were ordered to be heard with Letters Patent Appeal No. 300 of 2013 and that all matters are principally at the same controversy and issues, however since the facts involved in Letters Patent Appeal No. 300 of 2013 were some more different, the same is segregated from the captioned matters for the purpose of judgment and the same is disposed of separately.
(2.) The appellants-petitioners are aggrieved by the action on part of the respondents in laying down high tension electric transmission lines for which the towers were erected in the agricultural lands of the appellants-petitioners. In that connection, the prayers in the writ petitions were to set aside order dated 04.06.2009 passed by Ministry of Power, Government of India, and also to set aside public notice dated 23.09.2008 published in the newspaper by respondent No.1 company-Essar Power Transmission Company Limited. 2.1 In so far as the Letters Patent Appeals are concerned, the corresponding Special Civil Applications came to be dismissed by learned Single Judge by common order dated 26.07.2013 on two fold grounds that all the petitioners had received compensation, thereby acquiesced in respect of their rights, which facts were not disclosed by them in their petitions, and secondly that the challenge was made by them belatedly after four years. 2.2 In order to ensure that petitioners could urge every aspect of their case on merits, the court permitted learned counsels appearing for them to raise all the points they wanted to raise on merits from the record. 2.3 This court heard learned senior counsel Mr. Y. N. Oza with learned advocate Mr. Balram Jain, learned advocate Mr. A. J. Yagnik for the respective appellants-petitioners, learned senior counsel Mr. Mihir Joshi for Nanavati Associates, advocate for respondent No.1 and Mr.Parth Bhatt, learned Standing Counsel for respondent No.6. Facts
(3.) Instead of burdening the judgment with the facts of each case which are almost similar, representative facts are taken from the record of Letters Patent Appeal No. 1104 of 2013 relatable to Special Civil Application No. 10284 of 2013. The petitioner thereof, a farmer and the owner of land bearing survey No. 361 admeasuring Hectares 5-46-00 of the Village Aobha, Taluka Hansot, District Bharuch, pleaded in his writ petition that the said land was being cultivated by him and was only source of the livelihood. It was his case that respondent No.1 company highhandedly entered into his land for the purpose of erecting on the land the high tension electric towers; despite his objections, the company did not stop the work because of which the petitioner had to approach this court. The details of each of the appellant/s-petitioner/s and his/their respective lands are tabularized hereinbelow, Sl. No. Case No. Name of the petitioner/- appellant Survey No(s) belonging to the appellant (s)- /petitioner(s) 1 LPA 1104/2013 Jaisinh Parshottam Patel Survey No.361 Village Aobha Taluka Hanshot District Bharuch 2 LPA 1105/2013 Prakashbhai Trikambhai Prajapati Survey No.471 Village MandavaBuzarg Taluka Ankleshwar District Bharuch 3 LPA 1106/2013 Arvindbhai Ganpatbhai Patel Survey No.557 paikee 1 Village Govali Taluka Jagadia District Bharuch 4 LPA 1107/2013 Priyawadanbhai Purshottambhai Modi Survey No.530 Village MandavaBuzarg Taluka Ankleshwar District Bharuch 5 LPA 1108/2013 Kalpeshbhai Nagjibhai Patel Survey No.569 Village Govali Taluka Jagadia District Bharuch 6 LPA 1109/2013 Thakorbhai Nathubhai Patel Survey No.268 Village Nanashanja Taluka Jagadia District Bharuch 7 LPA 1110/2013 Hasmukhbhai Ramubhai Survey No.267 Village Nanashanja Taluka Jagadia District Bharuch 8 LPA 1111/2013 Riteshbhai Bhagwatbhai Modi Survey No.501 and 502 Village MandavaBuzarg Taluka Ankleshwar District Bharuch 9 LPA 1112/2013 Chiragbhai Sureshchandra @ Bhikhabhai Patel Survey No.76 Village Chhapra Taluka Ankleshwar District Bharuch 10 LPA 1113/2013 Chhatrasinh Prakashsinh Survey No.336 Village Nanashanja Taluka Jagadia District Bharuch 11 LPA 1114/2013 Piyushbhai Bhikhabhai Survey No.102 paikee 2 Village Govali Taluka Jagadia District Bharuch 12 LPA 1115/2013 Jigneshbhai Dhansukhbhai Survey No.102 paikee 1 Village Govali Taluka Jagadia District Bharuch 13 LPA 1116/2013 Manubhai Motibhai Survey No.167 Village Govali Taluka Jagadia District Bharuch 14 LPA 1117/2013 Lallubhai Haribhai Patel Survey No.47 Village Aobha Taluka Hanshot District Bharuch 15 LPA 1118/2013 Balubhai Parbhubhai Patel Survey No.69 Village Aashrma Taluka Hanshot District Bharuch 16 LPA 1119/2013 Ramanbhai Narottambhai Patel Survey No.412 Village Aobha Taluka Hanshot District Bharuch 17 LPA 1120/2013 Amarsinhbhai Khusalbhai Patel Survey No.30 Village Aobha Taluka Hanshot District Bharuch 18 LPA 1121/2013 Keshavbhai Rupabhai Patel Survey No.340 Village Aobha Taluka Hanshot District Bharuch 19 LPA 379/2014 Kishorebhai Naginbhai Mistry & 8 others Nil 20 LPA 380/2014 Sudhirsinh Nil Nathusinh Dodia & 2 others 21 LPA 1254/2013 Balubhai Hansinhjibhai Patel and 30 ors. Not mentioned 22 LPA 1129/2013 Ashwinbhai Vinodbhai Patel Survey No. 274 Village Uchhedia Taluka Jagadia District Bharuch 23 LPA 1130/2013 Dilipsinh Balwantsinh Dhariya Survey No. 330 Village Uchhedia Taluka Jagadia District Bharuch 24 LPA 1131/2013 Ashwinbhai Maganbhai Patel Survey No. 270 paikee 3 Village Uchhedia Taluka Jagadia District Bharuch 25 LPA(ST) 1532/2013 Kantibha Karshanbhai & 1 Or. Survey No.43 Village Sonddamitha Tal. Olpad Dist. Surat 26 LPA (ST) 1844/2013 Narsinhbhai Laxmanbhai Patel Survey No.515, 501 and 1004 Village Aobha Tal. Hansot Dist. Bharuch 27 SCA 780/2014 Bipinbhai Murjibhai Machhi Survey No. 295 Village Uchhedia Taluka Jagadia District Bharuch 28 SCA 781/2014 Dineshbhai Kantibhai Patel Survey No. 231 Village Uchhedia Taluka Jagadia District Bharuch 29 SCA 782/2014 Naranbhai Kashibhai Patel Survey No. 331 Village Uchhedia Taluka Jagadia District Bharuch 30 SCA 783/2014 Ajitsing Jayamalsing Survey No. 264 Village Nanasanjha Taluka Jagadia District Bharuch 31 SCA 1019/2014 Jaswantbhai Dipsingbhai Patel Survey No. 230 Village Uchhedia Taluka Jagadia District Bharuch 32 SCA 1020/2014 Jayantibhai, son Survey No. 297 of Nanduben Narrotambhai Patel Village Uchhedia Taluka Jagadia District Bharuch 33 SCA 1021/2014 Bipinbhai son of Nanubhai Gababhai Survey No. 272 Village Uchhedia Taluka Jagadia District Bharuch 34 SCA 1022/2014 Ramilaben Chhotubhai Patanvadiya Survey No. 550 Village Govali Taluka Jagadia District Bharuch 35 SCA 1023/14 Garasiya Nazirbhai Kesurbhai Survey No.673 Village Govali Taluka Jagadia Dist. Bharuch 36 SCA 10797/2014 Gharia Achal son of Dilipsinh Survey No. 307 Village Nanasanjha Taluka Jagadia District Bharuch 37 SCA 10798/2014 Thakore Sanjaybhai son of Gomanbhai Survey No. 229 Village Govali Taluka Jagadia District Bharuch 38 SCA 10799/2014 Panchal Naitikkumar son of Maheshbhai Survey No. 7 Village Govali Taluka Jagadia District Bharuch 39 SCA 10800/2014 Patel Nehalkumar son of Hiteshbhai Survey No. 21 Village Govali Taluka Jagadia District Bharuch 40 SCA 4049/2014 Patel Chandubhai son of Karsanbhai Parbhubhai Survey No. 282-6 Village Andada Taluka Ankleshwar District Bharuch 41 SCA 4050/2014 Patel Devangbhai Ishwarbhai Survey No. 40 Village Govali Taluka Jagadia District Bharuch 42 SCA 4051/2014 Patel Sureshbhai Chitabhai Survey No. 578 Village Govali Taluka Jagadia District Bharuch 43 SCA 4052/2014 Patel Jagdishbhai Gulabhai Survey No. 29 Village Govali Taluka Jagadia District Bharuch 44 SCA 4053/2014 Anitabhai Survey No. 120 Mukeshbhai Karia Village Adadra Taluka Amkleshwar District Bharuch 45 SCA 4054/2014 Patel Mukeshbhai Revadas Survey No. 556 Village Uchhedia Taluka Jagadia District Bharuch 46 SCA 4055/2014 Surendrasinh Gemalsinh Barad Survey No. 36, 37 and 25 Village Adadra Taluka Amkleshwar District Bharuch 47 SCA 4056/2014 Ratilal Parbhubhai Patel Survey No. 1230 Village Obha Taluka Hansot District Bharuch 48 SCA 8536/2014 Naresh Chhitabhai Patel Survey No. 531 Village Govali Taluka Jagadia District Bharuch 49 SCA 196/2014 Patel Jayantibhai Ambubhai Survey No. 841 Village Govali Taluka Jagadia District Bharuch 50 SCA 12409/2014 Modi Jayesh son of Priyavadan Parshottambhai Survey No. 530 Village 27 Mandva Taluka Ankleshwar District Bharuch 51 SCA 16078/2013 Ramilabhai Govindbhai Patel Survey No. 694 Village Govali Taluka Jagadia District Bharuch 52 SCA 16079/2013 Somabhai Amubhai Patel Survey No. 42 and 43 Village Govali Taluka Jagadia District Bharuch 53 SCA 16080/2013 Girishbhai Dayalbhai Patel Survey No. 462 Village Obha Taluka Hansot District Bharuch 54 SCA 18545/2013 Kiran Chitabhai Patel Survey No. 221 Village Govali Taluka Jagadia District Bharuch 55 SCA 441/2014 Pareshbhai Survey No. 288/1 Ishawarbhai Aahir Village Andada Taluka Ankleshwar District Bharuch 56 SCA 442/2014 Jayantibhai Bhagvanbhai Survey No.83/2 Village Borbhata Bet Taluka Ankleshwar District Bharuch 57 SCA 443/2014 Ishwarbhai Khodabhai Aahir Survey No.297 Village Andada Taluka Ankleshwar District Bharuch 58 SCA 444/2014 Chimanbhai Chitabhai Patel Survey No.282-6 Village Andada Taluka Ankleshwar District Bharuch 59 SCA 445/2014 Aadam Ahmad Patel Survey No.83/1 Village Borbhata Bet Taluka Ankleshwar District Bharuch 60 SCA 595/2014 Hiteshbhai Jayantibhai Patel Survey No.340 Village Uchhedia Taluka Jhagadia District Bharuch 61 SCA 4650/2015 Patel Kaniyalal Ramchandra Survey No. 38 Village Adadra Taluka Ankleshwar District Bharuch 62 SCA 4651/2015 Mahesbhai Ranchhodbhai Patel Survey No. 526 Village Uchhedia Taluka Jagadia District Bharuch 63 SCA 4652/2015 Ishwarbhai Ramjibhai Machhi Survey No. 338 Village Uchhedia Taluka Jagadia District Bharuch 64 SCA 4653/2015 Rameshbhai Kantibhai Machhi Survey No. 523 Village Uchhedia Taluka Jagadia District Bharuch 65 SCA 4654/2015 Barad Meghrajsinh Dipiksinh Survey No. 5 paikee 2 Village Adadra Taluka Ankleshwar District Bharuch 66 SCA/3772/13 Mukeshkumar Jamiyatram Patel No.22, Village Adodara, Tal. Ankleshwar, Dist. Bharuch 67 SCA 3773/13 Dipaksinh Himmatsinh Borad No.24(1) Village Adadara, Tal. Ankleshwar, Dist. Bharuch 68 SCA 3774/13 Jitendrasinh Nagjibhai Dodiya No.168 Village Govali, Tal. Jagadia, Dist. Bharuch 69 SCA 3775/13 Prakash Govindbhai Patel No.556 Village Govali, Tal. Jagadia, Dist. Bharuch 70 SCA 3776/13 Panchal Maheshbhai Ambalal No.7 Village Govali, Tal. Jagadia, Dist. Bharuch 71 SCA 3777/13 Rohitbhai Somabhai Patel No.841 Village Govali, Tal. Jagadia, Dist. Bharuch 72 SCA 3778/13 Dattubhai Thakorhai Patel No.557 Village Govali, Tal. Jagadia, Dist. Bharuch 73 SCA 3779/13 Gomanbhai Gabubhai Pava No.139 Village Govali, Tal. Jagadia, Dist. Bharuch 74 SCA 3780/13 Hiteshbhai Rambhai Patel No.21 Village Govali, Tal. Jagadia, Dist. Bharuch 75 SCA 3781/13 Devjibhai Ramubhai Patanvadia No.165 Village Govali, Tal. Jagadia, Dist. Bharuch 76 SCA 3782/13 Rajeshkumar Ramchandra Patel No.21 Village Adadara, Tal. Ankleswar, Dist. Bharuch 77 SCA 3783/13 Jayaben Himmatsingh Barad No.5 paikee 2 Village Adadara, Tal. Ankleswar, Dist. Bharuch. 78 SCA 3784/13 Ranjitsingh Himmatsingh Barad No.115 and 19 paikee 2, Village Adadara, Tal. Ankleswar, Dist. Bharuch;