Atc Telecom Infrastructure Pvt. ... vs Bokhara Gram Panchayat, Napgur ...
2021 Latest Caselaw 17854 Bom

                                                   1                               26.WP4815.21(j)

                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            NAGPUR BENCH, NAGPUR.

                                WRIT PETITION NO.4815/2021

ATC Telecom Infrastructure Pvt.Ltd.                      ..PETITIONER
(Formerly Viom Networks Ltd.)
A company incorporated under the Companies Act, 1956 and having
its registered office at 404, 4th floor, Skyline Icon Near Mittal
Industrial Estate, Andheri Kurla Road, Andheri(E),
Mumbai-400059 and
Circle Office at 303-304, third floor, Mayfair Towers,
Pune-Mumbai Road, Wakadewadi, Pune 411 005.
through Mr. Ganesh Yashwantrao Fating
Authorized Representative of the Petitioner.
R/o Flat No.307, Orchid Crown,
New Manish Nagar, Nagpur.

                              ...V E R S U S...

1]    Bokhara Gram Panchayat, .......                       RESPONDENTS
      Taluka & District Nagpur.
      Through its Gram Vikas Adhikari.

2]     Mrs. Kiran Chandansingh Rotele,
       Owner of the building at Plot No.8, Smruti Nagar,
       Orange City College of Social Work,
       Bokhara Koradi Road, Nagpur-440013
-------------------------------------------------------------------------------------------------------------
Shri S.V.Butada with Shri Yash J. Maheshwari, Advocate for petitioner.
Shri S.S.Chauhan, Advocate for respondent no.2.
-------------------------------------------------------------------------------------------------------------

                              CORAM : A.S.CHANDURKAR and G.A.SANAP, JJ.

DATED : 22nd December, 2021

ORAL JUDGMENT (Per A.S.CHANDURKAR, J.)

On 29.11.2021 notice for final disposal of the writ petition was

issued making it returnable on 14.12.2021. Despite service there was no

2 26.WP4815.21(j)

appearance on behalf of the respondent no.1. Hence the matter was kept

today. Today, also there is no appearance on behalf of the respondent no.1.

2. We have heard the learned counsel for the petitioner and the

learned counsel for the respondent no.2 by issuing Rule and making the same

returnable forthwith.

3. The petitioner is a Telecom Company who had sought permission

from the respondent no.1 for erection of mobile tower alongwith necessary

equipment within the jurisdiction of Gram Panchayat, Bokhara. On

22.03.2021 the Gram Panchayat issued a no-objection to the petitioner for

erection of mobile tower. Pursuant thereto the petitioner claimed to have

taken necessary steps in that regard and has commenced the work of erection

of the mobile tower. On 10.11.2021 however the petitioner was directed to

stop the work of installation/operation of the mobile tower on the ground that

complaints were received from the local residents. This action is challenged in

the present writ petition principally on the ground that having initially granted

no-objection to the petitioner, it was impermissible for the Gram Panchayat to

have withdrawn the same and that too, without granting any opportunity to

the petitioner.

4. The learned counsel for the petitioner has invited attention to the

policy decision of the State Government dated 17.02.2018 with regard to

3 26.WP4815.21(j)

Telecom Infrastructure Policy. He submits that as per Clause 7 thereof a

permission for installation of mobile tower once granted would valid for a

period of five years from the date of such permission. On the strength of this

clause, it is submitted that in view of the no-objection granted on 22.03.2021

rights had been created in favour of the petitioner and it was impermissible

for the Gram Panchayat to have directed the petitioner to stop the work in

question that too without granting any opportunity of hearing. It is submitted

that substantial investments have been made by the petitioner in that regard

and such action on the part of Gram Panchayat was unwarranted.

5. As noted above, the respondent no.1 has not chosen to remain

present to oppose the prayers made in the writ petition. The learned counsel

for the respondent no.2 claims to be the owner of the plot where the mobile

tower is proposed to be erected. He submits that subject matter of dispute is

principally between the petitioner and the respondent no.1.

6. On perusal of the documents annexed to the writ petition, it

becomes clear that on 22.03.2021 Gram Panchayat, Bokhara granted no-

objection to the petitioner to erect mobile tower. In terms of Clause 7 of the

Telecom Infrastructure Policy such permission was to be valid for a period of

five years from that date. In this backdrop, the Gram Panchayat was not

justified in unilaterally directing the petitioner to stop the work in connection

4 26.WP4815.21(j)

with the mobile tower. If at all the Gram Panchayat had any grievance in that

regard or if it was of the view that there was violation of any terms and

conditions on the basis of which the no-objection was granted, it ought to have

first issued notice to the petitioner and thereafter taken further steps. It goes

without saying that by granting such no-objection, rights were created in

favour of the petitioner and same could not be taken away without granting

an opportunity to it of explaining its position. Hence on this short ground, the

impugned communication dated 10.11.2021 issued by the Gram Panchayat

Bokhara is liable to be set aside.

7. Accordingly the communication dated 10.11.2021 issued by the

Gram Vikas Adhikari, Gram Panchayat, Bokhara is set aside. If the Gram

Panchayat proposes to take any action against the petitioner consequent to the

issuance of no-objection, it shall comply with the principles of natural justice

and thereafter proceed in the matter.

It is clarified that we have not examined the grounds on which the

impugned communication has been issued. It has been set aside for want of

prior notice to the petitioner.

Rule is made absolute in aforesaid terms. No costs.

       (G.A.SANAP, J.)                               (A.S.CHANDURKAR, J.)


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