Gujarat High Court
Kaviben Vikrambhai Baidiyavadra vs State Of Gujarat on 10 February, 2026
NEUTRAL CITATION
C/SCA/639/2026 ORDER DATED: 10/02/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 639 of 2026
================================================================
KAVIBEN VIKRAMBHAI BAIDIYAVADRA & ORS.
Versus
STATE OF GUJARAT & ORS.
================================================================
Appearance:
MR MITUL K SHELAT, SENIOR ADVOCATE ASST. BY MR ASIT B
JOSHI(2567) for the Petitioner(s) No. 1,2,3,4,5,6,7,8,9
MR NIKUNJ KANARA, AGP for the Respondent(s) No. 1,2 and 4
MR JAY KANSARA, FOR M/S WADIAGHANDY AND CO(5679) for the
Respondent(s) No. 3
MR MAULIK R SHAH(6385) for the Respondent(s) No. 5
================================================================
CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 10/02/2026
ORAL ORDER
1. By the present writ petition, the petitioners are praying for
the following reliefs:-
“(A) YOUR LORDSHIPS be pleased to issue a writ of
mandamus or any other appropriate writ, order or direction,
quashing and setting aside the impugned order dtd. 01.01.2026
passed by respondent no. 2 (Annexure ‘A’) as being illegal,
arbitrary, unjust, unreasonable, contrary to the evidence on
record as also in gross violation of Principles of Natural Justice
and also violative of Art. 19 of Constitution of India, in the
interest of justice and equity.
(B) YOUR LORDSHIPS be pleased to stay the implementation,
execution of the impugned order dtd. 01.01.2026 passed by
respondent no. 2 (Annexure ‘A’) pending, hearing, admission
and final disposal of the present petition in the interest of justice
and equity.
(C) YOUR LORDSHIPS be pleased to issue suitable direction to
respondent no. 2 and 3 authority to consider the request of the
petitioners to re-consider / re-assess the path of electricity poles
and high tension line so as to establishand install in straight
path, without giving any deviation or curve so as to save the /
exclude the agricultural field of the petitioners and till the
decision is taken by respondent no. 2, be pleased to direct
respondents to maintain status quo in respect of impugnedPage 1 of 12
Uploaded by ABHISHEK(HC01389) on Mon Feb 16 2026 Downloaded on : Tue Feb 17 20:37:49 IST 2026
NEUTRAL CITATIONC/SCA/639/2026 ORDER DATED: 10/02/2026
undefined
order, in the interest of justice and equity.
(D) YOUR LORDSHIPS be pleased to grant such other and
further relief’s as deemed fit in the interest of Justice;
2. It is the case of the petitioners that at the relevant time while
issuing the notice to the petitioners, the topo sheet prescribing the
route of the transmission lines is not furnished to the petitioners.
Further, it is the case of the petitioners that there is a deliberate
deviation in the route of transmission lines. Instead of laying down
in a straight line, the said transmission lines have been laid
causing maximum damage to the agricultural fields of petitioners,
which is not permissible in law since the transmission lines have
to be laid causing minimum damage to the private property.
3. Learned Senior Advocate Mr.Mitul Shelat appearing for the
petitioners submits that the petitioners have raised a specific
contention in respect of the mala fide intention in designing the
transmission lines and therefore, it is obligatory on the part of the
Respondent No.2 to address the grievance of the petitioners while
adjudicating the objections raised before him.
Page 2 of 12 Uploaded by ABHISHEK(HC01389) on Mon Feb 16 2026 Downloaded on : Tue Feb 17 20:37:49 IST 2026 NEUTRAL CITATION C/SCA/639/2026 ORDER DATED: 10/02/2026 undefined
4. Learned Senior Advocate Mr.Shelat submits that when the
panchrojkam was carried out on 12.04.2025, the petitioners had
categorically objected to and sought justifiable reasons for giving
deviation curve to the transmission lines route instead of laying in
a straight line. He submits that the petitioners have also not been
provided any of the documents, which were submitted by the
respondent no.5-Company during the hearing before the Collector.
He submits that even in the objections raised to the notice dated
21.03.2025, the petitioners have specifically asked for the
approved layout plan along with other relevant documents,
whereby such route has been approved. He submits that though
the petitioners are not against the laying down of the transmission
lines, however in the proceedings under Section 16 before the
Collector, the petitioners ought to have been granted such
documents.
5. Per contra, Mr.Jay Kansara, learned counsel appearing for
respondent no.3 submits that during the hearing before the
Collector, the respondent no.3 had placed on record the approved
Page 3 of 12
Uploaded by ABHISHEK(HC01389) on Mon Feb 16 2026 Downloaded on : Tue Feb 17 20:37:49 IST 2026
NEUTRAL CITATION
C/SCA/639/2026 ORDER DATED: 10/02/2026
undefined
topo sheet of the location of the towers to be erected on the
various lands along with the notification under Section 164 dated
06.03.2025 and the permission letter under Section 68 of the
Electricity Act for executing the work in question and a copy of
the public notice in respect of laying down of the transmission
lines. He submits that taking into consideration the said
documents, the learned Collector has passed the impugned order
dated 01.01.2026.
6. In rejoinder, learned Senior Advocate Mr.Shelat appearing
for the petitioners submits that despite repeated requests, neither
the topo sheet nor the approved layout plan of the transmission
lines has been provided to the petitioners. He submits that the
petitioners have a right to know that a transmission tower has to be
located on their lands as per the approved plan. He submits that
such an approved plan cannot be denied to the petitioners, if the
same is asked for. He, therefore, submits that appropriate orders
may be passed.
7. The law in respect of scope and purpose of Section 16 of the
Page 4 of 12
Uploaded by ABHISHEK(HC01389) on Mon Feb 16 2026 Downloaded on : Tue Feb 17 20:37:49 IST 2026
NEUTRAL CITATION
C/SCA/639/2026 ORDER DATED: 10/02/2026
undefined
Indian Telegraph Act is well settled. The learned Division Bench
of this Court by order dated 06.11.2020 in Letters Patent Appeal
No.534 of 2020 has held as follows:-
“58. The final conclusions are as under:-
58.1 The Part III of the Telegraph Act, 1885, deals with the Power
to place “Telegraph Lines and Posts” and there are other
provisions in the said Act, applicable to all the properties. As seen
from the plethora of cases, the powers conferred on the telegraph
authority to place and maintain telegraph lines and towers, are
traceable to Sections 10, 11 and 14 of the Act, 1885 and by virtue
of Section 164 of the Electricity Act, 2003, it is conferred on any
public officer, licensee or any other person engaged in the
business of supplying electricity.
58.2 As per Clause (c) to Section 10, the authority can exercise its
powers in respect of the property of a local authority only, by
obtaining permission of that authority, whereas, no such permission
is required in relation to the property of others. Section 10 does not
contemplate notice to an owner or occupier of land to show cause
against laying of a line and it authorizes the telegraph authority, to
place a telegraph line under, over, along or across any immovable
property. The proviso makes it clear that the licencee or any other
authorised person does not acquire any right, other than that of
user of the property. The right conferred on the land owner is only
to seek for payment of compensation for any damage sustained by
him, by reason of exercise of the powers.
58.3 Section 10 of the Indian Telegraph Act, 1885, confers a legal
sanction to a telegraph authority to enter into any private property,
subject to the condition that, while entering into the property and
during the course of execution of any work, the telegraph authority
is under an obligation to cause as little damage, as possible, and
shall pay full compensation to all the persons interested for any
damage sustained by them, while exercising the powers conferred
under Section 10 of the Act.
58.4. When power of the telegraph authority to enter into any
private property, is subject to the conditions to cause as little
damage as possible, and when there is a provision for payment of
compensation, the question as to whether, the said authority
should seek for consent from the owner of the property, or providePage 5 of 12
Uploaded by ABHISHEK(HC01389) on Mon Feb 16 2026 Downloaded on : Tue Feb 17 20:37:49 IST 2026
NEUTRAL CITATIONC/SCA/639/2026 ORDER DATED: 10/02/2026
undefined
him an opportunity of hearing before entering into the property,
does not arise. However, the land owner may be informed of the
work to be executed.
58.5 Since the powers under Section 10 of the Indian Telegraph
Act, 1885, can be exercised without acquiring the land in question,
once an order is passed by the appropriate government under
Section 164 of the Electricity Act, 2003, the public officer, licensee
or any other person engaged in the business of supplying electricity
shall be entitled to proceed with the works of placing the electric
lines without acquiring the land in question. Usage of the land by
the licencee or the authorised person, does not amount to
acquisition.
58.6 Section 164 of the Electricity Act, 2003, empowers the State
Government to confer, by an order in writing, powers which the
telegraph authority possesses under the Indian Telegraph Act,
1885, with respect to placing of the telegraph lines and posts, on
any public officer, licensee or any other person engaged in the
business of supplying electricity under that Act, for placing of
electrical plants and electric lines, in terms of Section 2(20), which
defines “electric line”, as any line which is used for carrying
electricity for any purpose and includes–
“(a) any support for any such line, that is to say, any structure,
tower, pole or other thing in, on, by or from which any such
line is, or may be, supported, carried or suspended; and
(b) any apparatus connected to any such line for the purpose
of carrying electricity; ”
58.7 The power conferred on any public officer, licensee or any
other person engaged in the business of supplying electricity under
the Electricity Act, for the abovesaid purpose, may be subject to
such conditions, if any, the Government may deem fit to impose
and also subject to the provisions of the Indian Telegraph Act,
1885.
58.8 The authorisation, in terms of Section 164 of the Electricity
Act, 2003, read with Section 10 of the Indian Telegraph Act, 1885,
authorising the public officer or licencee or any other person
engaged in supplying electricity, all the powers of the Telegraph
Authority, which includes the power to enter into any private
property, subject to the condition that while entering into the
property and the public officer or licensee or any other person,
authorised under the Act, is under an obligation to cause as little
damage as possible, with a guarantee for payment of
Page 6 of 12
Uploaded by ABHISHEK(HC01389) on Mon Feb 16 2026 Downloaded on : Tue Feb 17 20:37:49 IST 2026
NEUTRAL CITATION
C/SCA/639/2026 ORDER DATED: 10/02/2026
undefined
compensation for the owner of the land or the persons interested.
58.9 Sections 16 and 17 respectively of the Indian Telegraph Act,
1885, do not limit the absolute powers of the telegraph authority to
enter into any property for the purpose of enforcement of Section
10 of the Indian Telegraph Act, 1885, read with Section 164 of the
Electricity Act, 2003, by which, the public officer or licensee or any
other person engaged in the business of supplying electricity under
this Act, is empowered to exercise all the powers, for the purpose
of placing electrical plant, line, erection of towers, conductors,
poles, etc. 58.10 The intention of the Legislature, is to provide
electricity, in terms of Section 43 of the Electricity Act, 2003. When
the purpose of the Act, is to provide the basic amenity of electricity
to the public at large, and if every objection/resistance has to be
entertained under Section 16(1) of the Indian Telegraph Act, 1885,
then it would render Section 10 of the Indian Telegraph Act, 1885
and Section 164 of the Electricity Act, 2003, meaningless, thereby,
the power conferred on the telegraph authority to enter into any
property, subject to causing, as little damage as possible, with an
assurance of payment of compensation to the damage, if any,
would be redundant.
58.11 If Section 16(1) of the Act, has to be construed, conferring a
right on the landowner to seek for an opportunity of prior notice or
consent, then the very purpose of Section 10 of the Indian
Telegraph Act, 1885 and Section 164 of the Electricity Act, 2003,
would be defeated.
58.12 Vis-a-vis Section 185 (2) (b) of the Electricity Act, 2003 and
Section 12 (2) of the repealed Indian Electricity Act, 1910, under
which the consent of the owner or occupier is essential and on the
issue, as to the enforceability of Section 12 of the Act, until the
Rules are made under Section 67 of the Electricity Act, 2003,
consent of the owner or occupier is necessary, only in the absence
of any order, passed under Section 164 of the Electricity Act, 2003.
58.13 Having taken into consideration the relevant provisions of the
Indian Telegraph Act, 1885 and Electricity Act, 2003 and analysis
of Section 67 and section 164 of the Electricity Act, 2003, the legal
position is that, whenever an order is passed by the appropriate
Government, in exercise of powers under Section 164 of the
Electricity Act, 2003, for placing of electric lines for the transmission
of electricity, conferring upon any public officer, licensee or any
other person engaged in the business of supplying electricity any of
the powers which the telegraph authority possesses under the
Indian Telegraph Act, 1885, with respect to the placing of
telegraphic lines and posts for the purposes of a telegraph
Page 7 of 12
Uploaded by ABHISHEK(HC01389) on Mon Feb 16 2026 Downloaded on : Tue Feb 17 20:37:49 IST 2026
NEUTRAL CITATION
C/SCA/639/2026 ORDER DATED: 10/02/2026
undefined
established by the Government, such public officer, licensee or any
other person engaged in the business of supplying electricity,
exercises all the powers, as that of the telegraph authority, under
the Indian Telegraph act, 1885.
58.14 However, in the absence of such an order under Section 164
of the Electricity act, 2003, if a licensee i.e., a person who has been
granted a licence to transmit electricity or to distribute electricity
under the Act, proposes to place electric lines, electric plant or
other works necessary for transmission or supply of electricity,
Section 67 of the Electricity Act, 2003 comes into operation and
consequently, prior consent of the concerned owner or occupier,
may be required, under Section 12 (2) of the Indian Electricity Act,
1910.
58.15 The provisions of the Works of Licensees Rules, 2006 made
under Section 67 (2) of the Electricity Act, 2003 are in pari materia
to Section 12 of the repealed Indian Electricity Act, 1910. The
Works of Licensees Rules, 2006 are applicable, only in a case,
where the works have been taken up by the licensee, under
Section 67 (1) of the Electricity Act, 2003. But Section 67 (1) of the
Electricity Act, 2003, as well as the rules made under Section 67
(2) would govern the field, only in the absence of an order, under
Section 164 of the Electricity Act, 2003.
58.16 Section 16 states that if there is any resistance or
obstruction, the District Magistrate may in his discretion, order that
the telegraph authority shall be permitted to exercise all the
powers. Further, after such an order, a person offering any further
resistance is deemed to have committed offence under Section 188
of the Indian Penal Code. Once the technical feasibility of the
project, has been approved by the appropriate Government, by
issuing an order under Section 164 of the Electricity Act, 2003, no
land owner or person interested can seek for shifting or re-aligning
of the route, on the premise that the District Collector-cum-District
Magistrate, has the powers to do so. The District Collector has no
powers to alter any route or alignment, except to remove the
difficulties faced by the licencee or the person authorised, pursuant
to the orders issued under Section 164 of the Act.
58.17 If the intention of the Legislature was to seek for consent or
permission from every owner and if the right of such owner has to
be recognised, in terms of Section 16(1) of the Telegraph Act, due
to resistance/obstruction, then the execution of any work or project,
would be stopped at every stage. Needless to state that the
execution of works, involving erection of towers and connection of
overhead lines, is done, only after a detailed field study, by
Page 8 of 12
Uploaded by ABHISHEK(HC01389) on Mon Feb 16 2026 Downloaded on : Tue Feb 17 20:37:49 IST 2026
NEUTRAL CITATION
C/SCA/639/2026 ORDER DATED: 10/02/2026
undefined
identifying a feasible route of the proposed transmission line, and
while selecting suitable corridors, residential areas to be avoided,
span length, the angle of deviation, extent of damage, likely to be
caused, while erecting towers, maintenance cost of electric lines
and towers and other factors, have to be considered. Public
interest, in providing electricity to a large section of people and
industrial establishments, etc., has to be given weightage over
private interest.
58.18 If the authorities have to recognize the right of obstruction or
resistance, in terms of Section 16(1) of the Indian Telegraph Act,
1885, then the moment, any notification is published, all the
landowners or interested persons, who have the knowledge of the
commencement of any development work, would immediately
resist or obstruct the work, and may even seek for re-location or if
the towers, posts had already been erected, may seek for re-
alignment or removal of towers and plants, erected by the public
officer or licensee or any other person, engaged in the business of
supplying electricity, authorised to carry out the works, in terms of
an order passed by the appropriate Government, under Section
164 of the Electricity Act, 2003.
58.19 When a project involves huge expenditure, erection of many
towers at various places and when such project involves, greater
public interest, then even a single owner, under the pretext of
making objections/resistance, would attempt to stall the process of
execution of the project. When entry into any property is legally
authorised, with payment of compensation to the land owner, no
prior consent is required.
58.20 The Apex Court and other Courts in India, have categorically
held that the action of the licencee or the competent authority, in
erecting poles or posts, in the property or drawing lines over the
property, does not amount to acquisition of lands and it amounts to
only user of the property to the extent indicated and therefore,
there is no requirement to intiate any land acquisition proceedings,
giving opportunity to the land owners, when execution of the work,
is ordered under Section 164 of the Act and accordingly, carried
out by the licencee or any other competent authority.
58.21 Even if any Court issues any directions to consider the
representation of any land owner or person interested, such
directions are required to be considered only to the limited extent of
payment of compensation, to be given by the licencee or the
competent authority and the directions issued, if any, would not
empower the District Collector-cum-District Magistrate, to pass any
order, contrary to the orders, passed under Section 164 of the Act.
Page 9 of 12 Uploaded by ABHISHEK(HC01389) on Mon Feb 16 2026 Downloaded on : Tue Feb 17 20:37:49 IST 2026 NEUTRAL CITATION C/SCA/639/2026 ORDER DATED: 10/02/2026 undefined
58.22. When the appropriate Government passes an order under
Section 164 of the Act, the Collector is bound by the said order,
and he is not superior to the Government, to hold that the
Government has erred in passing an order, under Section 164 of
the Act, authorising the licencee or the competent authority to carry
out the work, in the route, which involves Techno-Economic
Consideration.
58.23 The Act confers powers to the Telegraph Authority to
determine the property over which the lines are to pass or posts to
be erected. The powers of the District Magistrate under Section
16(1) of the Indian Telegraph Act, 1885, does not extent to any
adjudication, as to from where and how, the line has to be drawn
over any specific item of the property or where posts have to be
erected or not, in any specific item of the property.
58.24 The Power of the District Magistrate is confined only to the
extent of exercising his discretion in granting permission to the
Telegraph Act, to execute the work, when an application is made
by the licencee or the competent authority.
58.25. Section 10 of the Indian Telegraph Act gives legal sanction
to the licencing authority to enter into any property, to lay poles or
posts or draw electric lines. But while doing so, the damage of the
property should be less. If there is any resistance, the licencee or
the authorised person may approach the District Magistrate-cum-
District Collector, to grant permission.
58.26. Once the power is conferred on the licencee or any other
competent authority, there can be no objection to the
implementation of the scheme, on the principles of natural justice
or on the ground of unauthorised use of the land.
58.27. The legislature has conferred powers on the appropriate
Government to authorize a public officer or a licencee, etc., under
the Electricity Act to exercise the specific powers of an authority
under the Indian Telegraph Act, 1885. The authorisation may be
general in favour of a transmission company or in a given case,
special. The route is decided by the transmission company. The
decision to mark a route for laying an electric line is a highly
specialized and technical. At that time, it is unrelated to any specific
land owner. The route may be for over hundreds of kilometers
passing over Government lands, lands of local authorities and
private lands and it may not be practicable to hear the land owners
along the entire route.
58.28. Having regard to the specialized and technical nature of the
Page 10 of 12
Uploaded by ABHISHEK(HC01389) on Mon Feb 16 2026 Downloaded on : Tue Feb 17 20:37:49 IST 2026
NEUTRAL CITATION
C/SCA/639/2026 ORDER DATED: 10/02/2026
undefined
task, and the fact that the lines are laid for distribution of electricity,
it is the view of this Court that, the Legislature has not provided for
any notice or hearing to the public at large, or to the land owners.
Therefore, when the appropriate Government authorises a person
or any body under the Electricity Act, to exercise the powers of the
Telegraph Authority, all the powers under the Indian Telegraph Act,
1885, are meant to be exercised.
58.29. The Electricity Act, 2003, is a progressive enactment, with a
specific purpose of providing electricity to a large number of
people, across the country, to promote industrial and sustainable
development in all walks of life. Right of a land owner to possess
and enjoy the property, though recognised as a Constitutional
Right, under Article 300-A of the Constitution of India, such right
has to yield to the Articles 14 and 21 respectively of the
Constitution of India, which strive to achieve the Constitutional
Goals, enshrined in the basic structure of the Constitution of India.
[see T. Bhuvaneswari vs. The District Collector cum District
Magistrate, Erode District, Erode, W.P. No.18548 of 2013, decided
on 19.11.2013]”
8. In view thereof, the impugned order passed by the Collector
is just and proper and no interference is called for.
9. In so far as the submission of learned Senior Counsel
Mr.Shelat for the petitioners is that the petitioners have not been
provided with the relevant documents being the approved plan and
topo sheet in respect of the transmission lines proposed to be laid
down by the respondent nos.3 and 5, the learned counsel
appearing for respondent no.3 submits that the material document,
which prescribes the proposed route for laying of the transmission
towers and lines is the approved topo sheet, which has already
Page 11 of 12
Uploaded by ABHISHEK(HC01389) on Mon Feb 16 2026 Downloaded on : Tue Feb 17 20:37:49 IST 2026
NEUTRAL CITATIONC/SCA/639/2026 ORDER DATED: 10/02/2026
undefined
been placed on record before the Collector along with the
application under Section 16 of the Indian Telegraph Act. He
submits that the said documents shall also be given to the
petitioners before executing the work in question within a period
of one week from today.
10. Let the needful be done as stated by the learned counsels
appearing for respondent nos.3 and 5.
11. For the aforesaid reasons and observations, the present
petition is dismissed. No order as to costs.
12. It is clarified that the petitioners are at liberty to initiate
appropriate proceedings in law.
Sd/-
(ANIRUDDHA P. MAYEE, J.)
ABHISHEK/SB-I-6Page 12 of 12
Uploaded by ABHISHEK(HC01389) on Mon Feb 16 2026 Downloaded on : Tue Feb 17 20:37:49 IST 2026
