Atc Infrastructure Services Pvt. ... vs Grampanchayat, Karanjgaon ...
2022 Latest Caselaw 476 Bom

WP 5808-17                                      1                    Judgment

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     NAGPUR BENCH, NAGPUR.
                    WRIT PETITION NO. 5808/2017

ATC Infrastructure Services Private Limited,
A Company Registered under the Companies Act,
having it's Office at 303-304, Third Floor, Mayfair
Towers, Pune-Mumbai Road, Wakdewadi
Pune-411 005.                                                    PETITIONER
                                 .....VERSUS.....
1.    Grampanchayat, Karanjgaon, Panchayat Samiti
      Chandur Bazar, District Amravati
      through it's Village Development Officer.

2.    State of Maharashtra,
      Through Hon'ble Collector, Amravati.

3.    Maharashtra State Electricity Distribution Company,
      through its Chief Engineer, Amravati
      Zone, Amravati.                                         RESPONDENT S

                  Shri M. Anilkumar, counsel for the petitioner.
     Shri A.A. Madiwale, Assistant Government Pleader for respondent no.2.
                Shri S.V. Purohit, counsel for the respondent no.3.



CORAM : A. S. CHANDURKAR AND SMT. PUSHPA V. GANEDIWALA, JJ.

DATE     : 13TH JANUARY, 2022.
ORAL JUDGMENT           (PER : A.S. CHANDURKAR, J.)

RULE. Rule made returnable forthwith and heard the learned

counsel for the parties.

2. The petitioner is a company rendering cellular services. It

approached the respondent no.1-Gram Panchayat Karanjgaon and sought

permission for erection of a mobile tower. On 09.07.2008, the Gram

Panchayat issued a no objection certificate permitting erection of mobile WP 5808-17 2 Judgment

tower on Property No.396. Pursuant thereto the petitioner commenced

its operations. It appears that the Gram Panchayat in its meeting held on

27.03.2017 passed a resolution by which after noticing the complaints

made by various residents granted time of six months to the petitioner to

re-locate the mobile tower. Pursuant thereto on 01.04.2017 the Gram

Panchayat issued a communication to the petitioner stating therein that

after period of six months, the no objection certificate would come to an

end. Being aggrieved the petitioner has approached this Court

challenging the action of the Gram Panchayat.

3. This Court issued notice on 06.09.2017 and directed the

parties to maintain status quo as on that date. The said order has been

continued thereafter. The respondent no.1 despite grant of sufficient

opportunity has not chosen to contest the writ petition. In the aforesaid

backdrop, we have heard the learned counsel for the petitioner and the

respondent nos.2 and 3.

4. It is not disputed by the respondent no.1 that on 09.07.2008

the Gram Panchayat had granted no objection certificate to the petitioner

to erect a mobile tower. On grant of such permission the petitioner took

necessary steps and thereafter erected the mobile tower.

WP 5808-17 3 Judgment

5. If the Gram Panchayat intended to take any action against the

petitioner in the form of cancellation/withdrawal of the no objection

certificate it ought to have granted an opportunity to the petitioner to put

forth its say in the matter. By granting the no objection certificate to the

petitioner, rights were created in favour of the petitioner and the same

could not have been taken away without granting an opportunity to it to

explain its position. A similar issue was considered by this Court in Writ

Petition No.4815 of 2021 [ATC Telecom Infrastructure Pvt.Ltd. Versus

Bokhara Gram Panchayat & Another ] decided on 22.12.2021. The

averment in paragraph 30 of the writ petition that the impugned action

was in violation of the principles of natural justice has gone undenied by

the respondent no.1. In that view of the matter, the following order is

passed:

(I) The communication dated 01.04.2017 issued by Gram Panchayat Karanjgaon to the petitioner thereby revoking the no objection certificate after a period of six months is quashed and set aside.

(II) If the Gram Panchayat proposes to take any action against the petitioner pursuant to the issuance of the no objection certificate dated 09.07.2008 it shall comply with the principles of natural justice and thereafter proceed in the matter.

 WP 5808-17                                   4                              Judgment

(III)        We make it clear that we have not examined the validity of

the resolution passed by the Gram Panchayat and the impugned communication has been set aside for non- compliance of principles of natural justice.

6. Rule is made absolute in aforesaid terms. No costs.

(SMT. PUSHPA V. GANEDIWALA, J.) (A.S. CHANDURKAR, J.)

APTE

Signed By: Digitally signed byROHIT DATTATRAYA APTE Signing Date:14.01.2022 17:05