SWAPAN GHOSH Vs. CUTTACK DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) n this writ application, the Petitioners have prayed for issuance of direction to the Opp. Parties for removal/demolition of the telephone tower illegally constructed on the roof of the house situated over Plot Nos. F/401 & F/402 in Sector-7, C.DA, belonging to Opp. Party No. 7.

(2.) Admittedly, the Petitioners are lesses under the Cuttack Development Authority (in short 'C.DA'), who have been allotted with different 'F' type plots in Sector-7, C.D.A. & have been staying with their families over those plots by constructing houses. Opp. Party No. 7 & his wife have also been allotted with Plot Nos. F/401 & F/402 near the house of the Petitioners & the said Opp. Party No. 7 constructed a house over those two plots. Opp. Party No. 7 took up construction of a telephone tower on the roof of his house unauthorisedly & apprehending danger to their life, health & property that may result from such unauthorised construction of the tower, the Petitioners submitted applications (Annexures-1 & 2) to Opp. Party No. 1, the C.D.A authority with a request to stop the unauthorised construction undertaken by Opp. Party No. 7. On receipt of the applications, the Asst. Town Planner, C.DA (Opp. Party No. 2) issued a letter to Inspector-incharge of Markatnagar Police Station, C.DA, (Opp. Party No. 5) under Annexure-3 requesting to ensure discontinuance of the construction work. It is also indicated in Annexure-3 that notice had been issued to Opp. Party No. 7to discontinue the construction. It is further alleged by the Petitioners that due to some political interference Opp. Party No. 5 failed to take steps, as a result of which Opp. Party No. 7 proceeded with illegal construction of the tower & has let" out the same to mobile phone companies, but the tower has not been made operational since electricity connection has not been provided. It is alleged by the Petitioners that for the illegal & unauthorised construction of the tower, the Petitioners being adjoining house owners are apprehending danger to their life, safety & property. It is also alleged that because of illegal construction undertaken by Opp. Party No. 7, house of Petitioner No. 1 which adjoins to Plot No. F/402 on one side has already developed cracks.

(3.) During the course of hearing of the Writ Petition, it came to light that Essar Telecom Infrastructure Pvt. Ltd. (in short 'Essar Telecom') has undertaken the construction of the tower on the roof top of house of O.P. No. 7 by entering into an agreement with him. Therefore, the Cuttack Municipal Corporation & Essar Telecom were impleaded as Opp. Party Nos. 8 & 9 respectively & notices were issued to them.