MOHALLA SUDHAR COMMITTEE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner purported to be the resident of Aggarwal Street Back Side Sirki Bazar Bhatinda has invoked the extra ordinary writ jurisdiction under Art. 226/227 of Constitution of India challenging Annexure P-1 i.e. permission granted by Municipal Corporation, Bathinda granting the permission to respondent No.3 for erecting the mobile tower on the premise that it is against the following guidelines:-

(2.) Contention of Mr. Inderjeet Sharma, learned counsel appearing on behalf of petitioner is that installation of the tower in residential colony will be health hazard for all the residence and as well as the children. Representation had been made to the Deputy Commissioner but same has not been decided. Mohalla Sudhar Committee had also passed the resolution against the installation of the tower. Permission has been granted without doing any spot inspection, therefore, action of the Municipal Corporation is totally illegal, repungant and perverse.

(3.) Per Contra, Mr. Ashish Chopra, learned counsel appearing on behalf of respondent No.3 has drawn the attention of this Court to the written statement by submitting that the respondent-company has obtained the licence under the Broadband Wireless Access (BWA) 2010 to provide 4G and broadband services in the Circles/States Pan-India including the State of Punjab. Application dated 06.12.2013 for installation of the communication tower was submitted to the Municipal Commissioners in consonance with the advisory guidelines (Annexure R-3/1) and also guidelines issued by the State of Punjab as Annexure R-3/2 and after taking into consideration the guidelines, permission was granted. He also drawn the attention of this Court to site plan annexed with the petition to point out that tower is being erected on the commercial area i.e. on the shop and not on the residential area.