Andhra Pradesh High Court - Amravati
Indus Towers Limited, vs The State Of Andhra Pradesh, on 25 August, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.14809 of 2020
ORDER:
The petitioner seeks a writ of Mandamus declaring the action of 2nd respondent in not taking any action for providing protection for erection of Mobile Telecom Tower (MTT) at S.No.387/23 Part, D.No.1-3/4-186, Ward No.1, Block No.7, Plot Nos.88 & 89, Ambedkar Road, Vidyadharapuram, Vijayawada, Krishna District, as arbitrary, illegal and violative of Articles 19 and 21 of the Constitution of India and consequently direct the 2nd respondent to provide police protection for erection of Mobile Telecom Tower (MTT) at S.No.387/23 Part, D.No.1-3/4-186, Ward No.1, Block No.7, Plot Nos.88 & 89, Ambedkar Road, Vidyadharapuram, Vijayawada, Krishna District.
2. The petitioner's case is that, the petitioner is an infrastructure company (IP-I) incorporated under the Companies Act, 1956, came into existence on 20.11.2007, responsible for providing cell site towers / equipments in order to provide mobile coverage to the public at large through various cell operators in the country. The Central Government also granted necessary registration certificate to the petitioner to provide Telecom Infrastructure (IP-I) on Pan India basis including erstwhile State of Andhra Pradesh. In the light of the registration certificate, the petitioner is required to erect and install mobile telecom equipment such as Ground Based Towers, Roof Top Towers and fixing of Antennas and signal Tran receiving equipment etc. and providing the same for the purpose of various telecom service providers. While so, the petitioner - company had identified place in the aforesaid S.No.387/23 Part, D.No.1-3/4-186, Ward No.1, Block 2 No.7, Plot Nos.88 & 89, Ambedkar Road, Vidyadharapuram, Vijayawada, Krishna District, and after entering into lease and license agreement with its owner on 17.09.2018, submitted an application dated 14.08.2019 to 3rd respondent, for grant of permission for erection of tower, duly complying all the requirements mentioned in G.O.Ms.No.146 Municipal Administration & Urban Development (M2) Department dated 19.06.2015. The 3rd respondent did not dispose of the above application and therefore, in terms of the above guidelines, the petitioner company has issued a letter on 14.09.2019 to the 3rd respondent and commenced the by invoking the above deemed clause. While so, when the petitioner company representatives started erection of cell tower, the local people started resisting them from erecting the tower stating that the radiation which would be emanated from the tower would be dangerous to the people. Therefore, the petitioner was constrained to give a representation to the 2nd respondent on 04.08.2020 seeking police protection, but till date the 2nd respondent neither considered their representation nor provided police protection. Hence, this Writ Petition.
3. Heard Sri T.D.Phani Kumar, learned counsel for the petitioner, learned Government Pleader for Home, representing respondents 1 & 2 and Sri M.Manohar Reddy, learned Standing Counsel, representing 3rd respondent.
4. Learned counsel the petitioner would submit that so far the representation given by the petitioner on 04.08.2020 for providing police protection is not considered by 2nd respondent. He would further submit that the police are bound to provide protection, once permission is granted by the authorities. In support of his contention, 3 he placed reliance on the judgment of the Madras High Court in Crl.O.P.No.14444 of 2019 dated 07.06.2019, wherein it was 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.
7. For the reasons stated above, there shall be a direction to the second respondent police to provide police protection to the petitioner for erection of the cell phone tower. The second respondent police shall ensure that the entire process goes on in a smooth manner, without giving raise to any law and order problem.
5. In that view of the matter, this Writ Petition is disposed of directing the 2nd respondent to provide police protection for erection of Mobile Telecom Tower (MTT) at S.No.387/23 Part, D.No.1-3/4-186, Ward No.1, Block No.7, Plot Nos.88 & 89, Ambedkar Road, Vidyadharapuram, Vijayawada, Krishna District and to ensure that the entire process will be done in a smooth manner without any scope for law and order problem. No costs.
As a sequel, miscellaneous petitions, if any pending, shall stand closed.
_________________________________________ JUSTICE M.SATYANARAYANA MURTHY 25th August, 2020 IS 4 HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.14809 of 2020 25th August, 2020 IS 5