Himachal Pradesh High Court
Kishan Singh Raghava & Ors vs State Of Himachal Pradesh & Ors on 20 June, 2019
Bench: Dharam Chand Chaudhary, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
.
CWP No. 1229 of 2019 Date of decision: June 20, 2019.
Kishan Singh Raghava & ors. ......Petitioners.
Versus State of Himachal Pradesh & ors. ......Respondents.
Coram Justice .
r to The Hon'ble Mr. Justice Dharam Chand Chaudhary, Acting Chief The Hon'ble Mrs. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting? 1 No. For the petitioners : Mr. Digvijay Singh, Advocate.
For the respondents : Mr. Ashok Sharma, Advocate General with Mr. Narender Guleria, Addl. AG, Mr. J.S. Guleria andMr. Kunal Thakur, Dy. AGs for respondents No. 1 & 2.
Dharam Chand Chaudhary, Acting Chief Justice. (Oral) Notice. Mr. Narender Guleria, learned Additional Advocate General appears and accepts service of notice on behalf of respondents No. 1 and 2. In the nature of the judgment, we propose to pass in this writ petition, there is no need to issue notice to the remaining respondents.
2. The complaint in a nut shell is that respondent No. 3 the Bharti Airtel Limited has constructed Mobile Tower in village 1 Whether the reporters of the local papers may be allowed to see the Judgment? yes.
::: Downloaded on - 28/09/2019 23:40:45 :::HCHP 2Sakrah, Post Office Chambi, Tehsil Sundernagar, District Mandi (H.P.) without obtaining NOC/permission from the local Gram .
Panchayat. The representation Annexure P-5 to the writ petition submitted by the villagers including the petitioners to the Sub Divisional Joint Action Committee has also not been considered nor any action taken and to the contrary the tower has already been installed in the month of February 2019. The grievance of the petitioners is that the construction of mobile tower in the village by respondent No.3-company is likely to cause health hazard and its installation is contrary to the policy/guidelines Annexures P-1 and P-2. The inquiry conducted by the local police reveals that NOC was obtained from Up-Pradhan of the Gram Panchayat and not from the Gram Panchayat.
3. In the light of the allegations in this writ petition and the relief sought, the writ petition is disposed of with a direction to the Sub Divisional Joint Action Committee, Sundernagar as well as Pradhan/Gram Panchayat, Chambi, Tehsil Sundernagar, District Mandi to examine the complaint Annexure P-5 made by the petitioners/residents of village Sakrah and take appropriate decision in the matter within two weeks from today. The installation of the tower irrespective of the objection of the local residents shall depend upon the decision to be taken by the Sub Divisional Joint Action Committee/Gram Panchayat, Chambi, Tehsil Sundernagar, District Mandi. The petitioners, if still feel ::: Downloaded on - 28/09/2019 23:40:45 :::HCHP 3 aggrieved by the decision to be so taken by the Joint Action Committee, Sundernagar/GramPanchayat, Chambi, Tehsil .
Sundernagar, District Mandi shall be at liberty to approach this Court again on the same cause of action.
4. The status quo qua as of today making the mobile tower functional be also maintained till the matter is decided by the Sub Divisional Joint Action Committee, Sundernagar/Gram Panchayat, Chambi, Tehsil Sundernagar, District Mandi.
5. The writ petition is accordingly disposed of, so also the application, CMP No. 4973 of 2019.
(Dharam Chand Chaudhary), Acting Chief Justice.
(Jyotsna Rewal Dua),
June 20, 2019, Judge.
( vs)
::: Downloaded on - 28/09/2019 23:40:45 :::HCHP