INDUS TOWERS LTD. Vs. GRAMPANCHAYAT

JUDGEMENT

(1.) Heard learned Senior Advocate for the petitioner. Nobody is present for the respondents although the respondents have been duly served with notice for final disposal at the admission stage, not once but twice, as noted by this court in the order dtd. 8/6/2023. By this order, it was also made clear that respondent nos.1 to 3, who were absent, were being granted further opportunity as a last chance to make their submissions in the matter, while alerting them that no further opportunity shall be granted to the parties for making their submissions and accordingly, the matter was stood over to 3/7/2023. On 3/7/2023, the board did not reach and, therefore, it was adjourned to 19/7/2023 and again it was adjourned to 20/7/2023 i.e. this date. The daily board of today puts the parties on sufficient notice that today this matter would be taken up for final disposal; yet, the respondents are absent.

(2.) Considering the fact that sufficient opportunity has already been granted to the respondents and also the fact that this matter has been already kept for final disposal at admission stage, today we have finally heard learned Senior Advocate for the petitioner. Hence, RULE. Rule is made returnable forthwith in terms of the order dtd. 8/6/2023.

(3.) The question that has to be dealt with in this petition is, whether or not the respondent-Grampanchayat could have passed a resolution, Resolution No.7, directing the petitioner to stop the further work relating to erection of mobile tower, on the ground that some of the villagers have taken objection for erection of the mobile tower, because they believe that the radiation emitted by the mobile tower is harmful to the health of the villagers and can possibly be carcinogenic.