- (1.) Both these petitions involve common question of law and facts, therefore, both are heard together and disposed of by this common order.
(2.) FOR disposal of both the petitions, apposite facts pleaded by the respective parties in S.B. Civil Writ are narrated for convenience hereinafter. The petitioners of this writ petition are the agriculturists having agricultural land situated in Khasra No.761 and 771 adjacent to each other in village Peshua, Tehsil Pindwara, District Sirohi, alongwith other lands. The land in question is duly mutated in their name and in support thereof Jamabandi has been placed on record. About a decade back, respondents installed 132 KV line dedicated for supply of power to J.K. Cement Industry and in the process respondents installed certain poles on the land belonging to the petitioners. As per the version of petitioners, at the time of installation of poles, objections were raised but after due negotiations agreed for installation on an assurance given by the respondents that compensation shall be paid to them. Complaining about detraction from commitment, the petitioners have very categorically averred in the petition that no compensation was paid to them.
(3.) VENTILATING grievances, the petitioners have pleaded in the writ petition that 132 KV lines are very huge high tension lines requiring erection of mammoth pillars and flow of electricity in these lines is tremendous. Projecting with emphasis that in 132 KV line the flow of electricity can create strong magnetic field within the surrounding area, which is obviously agricultural land, and cultivation around the poles is not feasible and the apprehension of electrocution of the cultivator is imminent.;