Vodafone Essar Spacetel Limite vs State Of Jharkhand & Ors on 18 January, 2011

[Cites 1, Cited by 2]

Jharkhand High Court

Vodafone Essar Spacetel Limite vs State Of Jharkhand & Ors on 18 January, 2011

Bench: R.K. Merathia

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
            W.P.(C) Nos. 3664/2010, 5897/2010, 4559/2010,
            4595/2010, 4596/2010,3393/2010 and 3389/2010
                                 ---
       M/s Wireless T.T. Info Services Ltd (3664/10, 3393/10 & 3389/10)
       Vodafone Essar Spacetel Limited (5897/10)
       Unitech Wireless (East) Private Limited ((4559/10)
       M/s Reliance Telecom Limited (4595/10)
       M/s Reliance Communications Limited (4596/10)           Petitioners
                                   Versus
        The State of Jharkhand through the
        Principal Secretary, Urban Development
       Department, Jharkhand & others                Respondents (in all cases)
                                       ---
       CORAM:       The Hon'ble Mr. Justice R.K. Merathia
                                       ---
       For the Petitioners (WPC 3664/10, 3393/10 & 3389/10):Mr. P.A.S.
                                                                Pati, Advocate
       For the petitioner (WPC 4559/10: Mr. V.P. Singh, Sr. Advocate &
                                           Mr. Sanjay Kr. Dwivedi & Mr.
                                           Mohan Kr. Dubey, Advocate
       For the Petitioners (WPC 4595/10 & 4596/10): Mr. P.K. Prasad, Sr.
                                                        Advocate & Mr. Sanjay
                                                        Kr. Dwivedi, Mr.Mohan
                                                        Kr. Dubey & Rohit Roy,
                                                        Advocates
       For the petitioner (WPC 5897/10):M/s Sachin Kr, Binod Kr., Advocates
       For the RMC: Mr. Ray Rajat Nath, Advocate
       For the RRDA:Mr. A.K. Singh & Mr. Prashant Kr. Singh, Advocates

                                    ---
4.18.01.2011

Learned counsel appearing for the petitioners in all these cases, submitted that the petitioners being the service providers having licence under the Telegraph Act, have entered into agreements with the owners of the building for installation of mobile tower on their buildings, but by the impugned order, passed by the Vice-chairman, Ranchi Regional Development Authority (RRDA), they have been asked to remove towers without any authority of law and without giving an opportunity of hearing to the petitioners.

2. Mr. A.K. Singh, learned counsel appearing for the RRDA, submitted that it appears that the petitioners and the building owners were not heard before passing the said orders.

3. In view of such submission, the impugned orders are set aside. The matter is remitted back to the Vice-chairman, RRDA, who will issue fresh notices to the building owners and the petitioners and pass fresh orders in accordance with law after giving them an opportunity of hearing. It is made clear that if any party does not cooperate, ex-parte order can be passed against them.

With this observation and direction, this writ petition is disposed of.

(R.K. Merathia, J) Ranjeet/

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