ESCOTEL MOBILE COMMUNICATION LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) ALOKE Chakrabarti, J. The order dated 28-6-1999 passed by the appellate authority and the order dated 27-10-1998 passed by the Cantonment Executive Of ficer for removing the antenna tower set up by the petitioner are challenged here.

(2.) COUNTER-affidavit and supplemen tary counter-affidavits have been filed and the petitioner filed rejoinder-affidavit.

(3.) LEARNED counsel for the petitioner contended that there is no legal require ment of any permission for setting up such antenna tower on a rooftop of a building. The impugned notice has been issued upon a resolution which was taken without giving the petitioner any opportunity or notice. Reference has been made to Sec tion 126 of the Cantonment Act for con tending that the preconditions of the said provision are not existing for directing the petitioner to remove the structure and its viability has not at all been considered either with or without any further measures.