The Single Judge Bench of the Rajasthan High Court, comprising Justice Vinit Kumar Mathur in the case of Shri Labana Gawaria Sikh Samaj Sewa Samiti v. State Of Rajasthan & Ors has order the telecom company to shift the tower as it create inconvenience to the devotees, entering into the Gurudwara .
Background of the Case
The Petitioner is a Sewa Samiti of Gurudwara. The Petitioner seeks direction from the Court to remove/demolish the 4G mobile tower which has been illegally and arbitrarily installed by the respondent No. 5- Reliance Jio Infocom Ltd. in front of the land of the humble petitioner Society whereby the Gurudwara is open for religious purposes.
Submission of the Petitioner
The Counsel on the behalf of the Petitioner has submitted that the tower erected by the respondent no. 5 is almost in front of the gate of the petitioner’s Gurudwara and is creating inconvenience to all the devotees who are visiting the Gurudwara.
Submission of the Respondent
The Counsel on the behalf of the Respondent has submitted that they are ready and prepared to shift the tower from the existing place to 15-20 feets away from the gate of Gurudwara. Shifting of the tower will give enough space and way to the devotees to enter the Gurudwara. However, he submits that it will take about two months to shift the tower from the existing place to 15-20 feets away.
Reasoning and Decision of the Court
The Court considered the material facts presented before him and expounded that the respondent No. 5 i.e. Telecom Company should shift the tower from the existing place to 15-20 feets away from the gate of Gurudwara within a period of two months. It is made clear that except the erection of the tower, no other attachment including generator can be placed near the tower.
Therefore the Court disposed of the Writ petition and instructed the telecom company that they will be free to maintain the operation of the tower, till the tower is shifted.
Case Details
Case: - S.B. Civil Writ Petition No. 831/2019
Petitioner: - Shri Labana Gawaria Sikh Samaj Sewa Samiti
Respondent: - State Of Rajasthan & Ors
Judge: Justice Vinit Kumar Mathur
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