HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.12853 of 2022
ORDER:
The petitioner, who is in the business of establishing infrastructure
for Cellular mobile telephone operators in India, after obtaining necessary
permissions from the 2nd respondent, commenced setting up of a Cellular
Mobile tower in Razole Village and Mandal, East Godavari District. While,
the said tower was being erected, the 2nd respondent issued a notice to
the petitioner on 16.03.2002 directing the petitioner to stop erection on
the ground based tower in view of the objections raised by the people in
the locality. Aggrieved by the said notice, the petitioner has approached
this Court.
Sri Ghanta Sridhar, learned counsel appearing for the petitioner
would rely upon the earlier judgments of this Court dated 09.04.2019 in
W.P.Nos.3137 and 13896 of 2017 and the orders dated 21.10.2019 in
W.P.(PIL).No.92 of 2019 and the order dated 26.12.2019 in W.P.No.9519
of 2019. In all these cases, the writ petitions had been filed to direct the
Gram Panchayats to stop giving any permissions on the ground that the
radiation come from these towers would affect the health of the residents
of the respective villages.
In the present case, the Gram Panchayat, after having given
permission, has now taken the step of prohibiting the petitioner from
completing the erection of the tower. The power of the Gram Panchayat
to reverse its earlier decision and the authority of the Gram Panchayat to
direct stoppage of construction activity after having given permission, is a
matter of dispute.
2 RRR,J
W.P.No.12853 of 2022
In the circumstances, it would be appropriate to direct the Gram
Panchayat to consider any objections that the petitioner may file in
relation to the stoppage of erection of tower. However, since the objection
appears to be the perceived apprehension of the villagers about the
radiation that may come from the tower, it would also be appropriate to
permit the petitioner to complete the construction, subject to the
condition that the tower would not become operational until this issue is
decided by the Gram Panchayat. Needless to say, the Gram Panchayat
shall take a decision either way within a period of three weeks from the
date of receipt of this order. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand,
closed.
_________________________ R. RAGHUNANDAN RAO, J.
2nd May, 2022 Js.
3 RRR,J
W.P.No.12853 of 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.12853 of 2022
2nd May, 2022
Js.
