ATC TELECOM INFRASTRUCTURE PRIVATE LIMITED Vs. RADHANPUR MUNICIPALITY

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed by the petitioner challenging the communication dtd. 15/6/2021 by which the application of the petitioner from the respondent-Municipality for installation of a mobile tower has been rejected.

(2.) Learned advocate appearing for the petitioner submitted that though the petitioner has made an application with all necessary formalities, still for one reason or the other, the respondent- Municipality was not taking into consideration such application and was raising municipal issues for supplying of the documents. It is submitted that originally the only issue that was raised was pertaining to location of the mobile tower as to whether the same was located in a residential or commercial zone. Thereafter, when the petitioner had given detailed representation, still no decision was taken and at last the impugned communication was issued.

(3.) Learned advocate appearing for the respondent-corporation has placed on record today an affidavit of the Radhanpur Municipality, inter alia, contending that the petitioner though served with the notice not to proceed ahead with the erection of the mobile tower, the petitioner has proceeded and therefore, in breach of the notice issued by the Municipality. It is further submitted that the respondent-Municipality was responding to the representations made by the locals, who according to such representations, have been affected. Not only that an allegation was also made that the land on which the mobile tower is being erected is perhaps a Government land where the petitioner or his principal is unauthorized to make any erection and for that purpose the Chief Officer has already issued a communication to the City Superintendent to carry out the measurement to ascertain the location of the mobile tower.