VODAFONE ESSAR SPACETEL LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed challenging the order, passed by the S.D.M., Sadar, Munger by which he has held that the Vodafone tower situated in Naya Tola, Madhopur, P.S.-Kotwali, District-Munger is causing nuisance inasmuch that the tower has to be run with the help of generator set.

(2.) The residents of the area complaint that the generator set used is creating nuisance inasmuch as it emits smoke and run with the help of K. Oil which is inflammable and it is therefore, dangerous to the inhabitants of the colony.

(3.) Counsel for the Respondents submits that there is hardly any electricity in the township of Munger and because of the continuous use of the generator, there is noise pollution as well as pollution due to emition of smoke from the generator. On the basis of an order passed by this Court, an inspection was made of the area and the S.D.M. has come to the conclusion that in fact the generator set emits fuels and is very noisy.