- (1.) IN assailment is the judgment and order dated 28.3.2014 passed in S.B.Civil Writ Petition No.747/2014 thereby alongwith that writ petition, S.B.Civil Writ Petition No.767/2014 was also dismissed.
(2.) WE have heard Mr.Sandeep Shah, learned counsel for the appellants -writ -petitioners. The facts in bare minimum are that the appellants -writ - petitioners claimed to be possessed of agricultural land included in khasras no.761 and 771 situated in village Peshua, Tehsil Pindwara District Sirohi. According to them, about a decade ago, 132 KV line was drawn over this land by the respondent -Nigam so as to facilitate supply of power to J.K.Cement Industry for which certain poles/pillars were installed thereon. The appellants -writ - petitioners averred that though they objected to the project and claimed compensation, their requests were not heeded to. They have averred further that the high tension power line and the energy flow does create a strong magnetic field, so much so that no cultivation/agricultural exploit is possible in the vicinity thereof. Further, there is a constant risk to life and property. The appellants -writ -petitioners have averred that adjoining their agricultural land, there is an existing railway track and that in view of broadening thereof to four tracks, relocation of the wires of 132 KV line existing on their land is proposed. According to them, the respondent -authorities accordingly visited their land and inspected the site and on enquries being made they were told that new towers were to be installed. They however refused to disclose the details of such installations, but confirmed that the work as proposed would be carried out. Referring to a work order dated
(3.) 12.2013 and the connected map, the appellants -writ -petitioners contended that new towers for stepped up power transmission would be erected for which there would be massive excavation of their land. That the respondents -authorities had turned a deaf ear to their pleas citing damage to their land, crops thereon and overall safety and instead had communicated that police assistance would be requisitioned if need be for execution of the project, have been stated. Contending that the contemplated action is illegal, the appellants -writ -petitioners sought judicial intervention. The respondents in their reply clarified that the existing transmission line was not meant for supply of power to M/s J.K.Cement Industry as alleged, but was to cater to the need of the public at large of Abu Road. Pleading that on account of alteration in the railway tracks some more towers/poles have become necessary to be installed, the respondents have denied that there is any proposal to set up 220 KV transmission line as apprehended by the appellants -writ -petitioners. According to them, the project in hand is for re -location of the presently existing transmission lines and the project has been undertaken in consultation and with the consent of the Railway Administration. Referring to Section 164 of The Electricity Act, 2003 (for short, hereinafter referred to as "the Act") and sections 10 and 16 of The Indian Telegraph Act, 1885 (for short, hereafter referred to as "the 1885 Act"), the respondents have pleaded that neither any prior consent nor notice nor intimation to the owner or occupier of the immovable property is a condition precedent for undertaking the project as contemplated and that for computation and payment of compensation, a civil forum has been provided and thus, the cavil pertaining thereto is also without any substance. 4. Whereas the appellants -writ -petitioners in their rejoinder contended that reliance on section 164 of the Act and sections 10 and 16 of 1885 Act was wholly inconsequential, the respondents by their additional affidavit brought on record the notifications dated;