Kerala High Court
Reliance Jio Infocomm Limited vs State Of Kerala on 5 March, 2025
2025:KER:18565
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA,
1946
WP(C) NO. 27023 OF 2015
PETITIONER:
1 RELIANCE JIO INFOCOMM LIMITED,
AGED 48 YEARS
PUKALAKKATTU KARIYATTU TOWERS, MAMANGALAM,
PALARIVATTOM KOCHI-682024, REPRESENTED BY ITS
STATE HEAD/AUTHORISED SIGNATORY SRI.VINOD
GIYAL
2 MR. K.R.RAJA,
S/O.LATE K.R.RAMACHANDRAN, 5TH FLOOR, MAKER
CHAMBERS IV,222, NARIMAN POINT, MUMBAI -
400021.
BY ADVS.
BENNY P. THOMAS (SR.)
M.GOPIKRISHNAN NAMBIAR
K.JOHN MATHAI
JOSON MANAVALAN
KURYAN THOMAS
E.K.NANDAKUMAR (SR.)
RESPONDENTS:
1 STATE OF KERALA.,
REPRESENTED BY SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 MARADU MUNICIPALITY,
MARADU, ERNAKULAM -682 304
REPRESENTED BY THE SECRETARY.
WP(C)No. 27023 of 2015
2025:KER:18565
2
3 CHIEF TOWN PLANNING OFFICER,
DEPARTMENT OF TOWN AND COUNTRY PLANNING,
KOTTARATHIL BUILDING, PALAYAM,
THIRUVANANTHAPURAM -695033.
BY ADVS.
SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL
T.R.RAJAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)No. 27023 of 2015
2025:KER:18565
3
JUDGMENT
(Dated this the 5th day of March, 2025) The writ petition is preferred challenging the Clause 4.4(ii)(8) read with 4.13(vi) of the Structure Plan ( General Town Planning Scheme) Central City of Kochi (as amended by G.O(Ms).No.143/07/LSGD, dated 31.05.2007) to the extent that they prohibit erecting of telecommunication towers in residential zones, as illegal and unconstitutional, being violative of Articles 14 and 19(1)(g) of the Constitution of India.
2. When the matter was considered on 21.03.2016, this Court has granted an interim order in the light of Circular No. 304282/RD2/15/LSGD dated 18.02.2016. It has also considered the decision rendered by this Court in Reliance Infocom Ltd. v. Chemanchery Grama Panchayat [2006(4) KLT 695] and the issue involved in this case is pending before the Hon'ble Apex Court in Bhupesh Sehgal and others v. Delhi Development Authority [Civil Appeal No.2612/2016], even now. On considering these aspects, in the interest of justice, a permission was granted to erect and energise the WP(C)No. 27023 of 2015 2025:KER:18565 4 telecommunication towers subject to the result of the writ petition.
3. In compliance with the interim order, they were permitted to operate the towers after energizing the same and are continuing the operation.
4. Thereafter amendments were carried out to KBR, whereby many changes occurred with regard to restrictions of erection of telecommunication towers. But, that will be subject to the decision in Bhupesh Sehgal (Supra).
Under such circumstances, interim order is made absolute and all the further contentions are left open. Accordingly, the writ petition is disposed of.
Sd/-
P.M MANOJ JUDGE AKH WP(C)No. 27023 of 2015 2025:KER:18565 5 APPENDIX OF WP(C) 27023/2015 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE MEMO NO.BA-501/13- 14 DATED 20.3.2014 ISSUED TO THE 1ST PETITIONER.
EXHIBIT P2 TRUE COPY OF THE MEMO NO.BA-579/13- 14 DATED 20.3.2014 ISSUED TO THE 1ST PETITIONER.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 25.9.2014 IN APPEAL NO.406/2014 ON THE FILE OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 01.9.2014 IN APPEAL NO.410/2014 ON THE FILE OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.
EXHIBIT P5 TRUE COPY OF THE STRUCTURE PLAN (GENERAL TOWN PLANNING SCHEME) FOR CENTRAL CITY OF KOCHI (AS AMENDED BY G.O.(MS)NO.143/07/LSGD, DATED 31.5.2007).
EXHIBIT P6 TRUE COPY OF THE G.O. NO.1/2015/ITD DATED 1.1.2015 ISSUED BY THE INFORMATION TECHNOLOGY DEPARTMENT OF GOVERNMENT OF KERALA.