Gujarat HC Declines Stay on JSW Power Line Installation

Ahmedabad: The Gujarat High Court, while refusing to grant an interim stay on the installation of power lines and poles by JSW Energy Limited, stated that the “larger public interest” of state-wide electricity access outweighs individual property grievances. While the court issued a formal notice to the company to respond to a farmer’s petition, it declined to halt the ongoing infrastructure work.

Public Good vs. Private Interest

Declining to grant the stay, Justice Nirzar S. Desai said, “I can’t stay such erection of this kind of line or pole, which would benefit or which is meant for larger public interest, just with a view to protect your individual interest.”

The judge noted that the power project is designed to ensure electricity reaches the “remotest part of the state” and to maintain emergency infrastructure. “Your interest is important, but larger public interest is more important,” he said.

“Everyone wants electricity but no one wants the pole to be in their field,” the court observed, highlighting the common nature of such legal challenges. The judge further stated that, for the benefit of the state, individuals must sometimes bear a degree of hardship or “sacrifice our individual interest.”

Remedies Beyond a Stay

The court clarified that denying an interim stay does not leave the petitioner without options. If the farmer eventually succeeds in the legal battle, the court can direct the company to remove the poles or relocate them based on technical viability.

“Your individual interest can be taken care of by different modes and ways. You can be offered compensation. Ultimately, if you succeed, they can be directed to remove the pole from your field and to erect it at some other place after examining the technical viability by the technical committee or something,” said Justice Desai.

The court has made the notice returnable in the first week of August, at which point the matter will be further examined. Representatives for multiple respondents, including the state government and JSW Energy Limited, have been formally served. DeshGujarat