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1 - 6 of 6 (0.21 seconds)Article 227 in Constitution of India [Constitution]
Section 8 in The Karnataka Apartment Ownership Act, 1972. [Entire Act]
Section 2 in The Karnataka Apartment Ownership Act, 1972. [Entire Act]
Vikas Luthra vs M.C.D. And Ors on 5 May, 2016
21. Learned counsel for respondent No.5 also relied upon
a subsequent issuance of the guidelines by the Department
of Telecommunications dated 01.08.2013 as per Annexure
R3 wherein it is stated that on roof towers of even
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residential buildings, such erection of mobile towers are
permissible. Further, the Government has issued another
notification as per Annexure-R6 dated 02.03.2005 in No.
NaCe GEL 2005. By means of that, the Government has
permitted to put up the towers even on residential
buildings subject to certain conditions, i.e., they must take
care of the capacity of the building and proper care has to
be taken and they have to pay necessary taxes and also
follow all the rules and regulations of the Government. If
those contentions are fulfilled, such mobile towers can also
be erected. So far as health hazards are concerned, he has
produced World Health Organization's report, which is also
relied upon by the High Court of Delhi in W(C) 6525/2012
between Vikas Luthra V. M.C.D. And Ors. Decided on
05.05.2016.
The Divisional Manager The New India ... vs Sri Mohd Ghouse on 3 March, 2010
29. Under the above said facts and circumstances, it is
just and necessary at the cost of repetition to note here,
when the disputed facts are there before the Court,
whether under the Writ Jurisdiction remedy can be
granted. It is in this regard it is worth to note here a
decision of the apex Court in the case of Union of India Vs.
Gouse Mohammad reported in AIR 1961 SC 1526, wherein
the apex Court has observed:
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