Andhra Pradesh High Court - Amravati
Atc Telecom Infrastructure Private ... vs The State Of Andhra Pradesh on 22 November, 2022
Author: D.Ramesh
Bench: D.Ramesh
THE HON'BLE SRI JUSTICE D.RAMESH
WRIT PETITION No.20461 of 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief:
"to issue an appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in issuing notice in RC.No.15/2021, dated 18.08.2021 straightaway cancelling the NOC, dated 01.06.2021 without issuing any prior notice whatsoever to the petitioner company as arbitrary, illegal without jurisdiction, contrary to the provisions of the Andhra Pradesh Panchayath Raj Act, 1994 and in violation of well settled principles of natural justice and to pass such other order ........"
2. Heard learned counsel for petitioner and learned counsel for respondents.
3. The issue, in fact, has already been decided by this Hon'ble Court in W.P.No.5677 of 2020 by following the orders passed by the Madras High Court, wherein the Court has held thus:
"6. This Court has consistently taken the view that no one can be prevented from erecting the cell phone towers on a mere apprehension about the effect of radiation from the cell phone tower. The apprehension does not have a scientific backing. Till a positive finding is given in this regard, cell phone towers cannot be prevented to be installed on mere apprehensions".
Even otherwise, the apprehension of the villagers that the tower may emit radiation and other hazardous waves shall be dealt with by the Telecom 2 Enforcement and Resources Monitoring (TERM) cell of the Department of Telecommunications (DoT), Government of India.
4. But in the instant case, based on the objections raised by the villagers, the 2nd respondent has cancelled the NOC issued in favour of petitioner which is contrary to the observations made by this Hon'ble Court in W.P.No.5677 of 2020 and in the said order, it is also stated that the parties have any objections, they have to approach the TERM cell of DoT, not to the gram panchayath.
5. In view of the same, the impugned orders issued by the 2nd respondent dated 18.08.2021 are set aside, giving liberty to the persons/ villagers, if they have any grievances, they are entitled to approach the TERM by way of an appeal.
6. Accordingly, the writ petition is disposed of. No costs.
Consequently, miscellaneous applications, pending if any, shall stand closed.
__________________ JUSTICE D.RAMESH Date: 22.11.2022 sj 3 108 THE HON'BLE SRI JUSTICE D. RAMESH (Disposed of) WRIT PETITION No.20461 of 2021 Date: 22.11.2022 sj