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Madhya Pradesh High Court
Narendra Singh Dhakar vs Union Of India on 26 March, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:10393
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 26 th OF MARCH, 2026
WRIT PETITION No. 10760 of 2026
NARENDRA SINGH DHAKAR AND OTHERS
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Rakshit Gupta - Advocate for the petitioners.
Shri Dharmendra Nayak - Govt. Advocate for the respondents No.2, 3 and
5/State.
Shri Praveen Nivaskar- Deputy Solicitor General for the respondent
No.1/UOI.
ORDER
This petition under Article 226 of the Constitution of India has been filed
by the petitioners seeking following reliefs:-
a) Allow the petition and the Respondent authorities be directed to
cancel the permission (if any) of Respondent no. 6 regarding
installation of mobile tower at the locality namely; Shree Ram Vihar
Colony, Near Mohit Garden, Bhodapur, Gwalior.
b) Direct the Respondent no. 5 to take fresh permission for installation
of the mobile tower away from the residential area at a secured piece of
land.
c) Any other relief which this Hon'ble Court may deem fit.
2. Learned counsel for the petitioners submits that the petitioners are
residents of Shri Ram Vihar Colony, near Mohit Garden, Ward No. 4, Bhodapur,
Gwalior, Madhya Pradesh, who have been peacefully residing in the locality while
enjoying their fundamental rights and discharging their duties as citizens. It is
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contended that the situation remained harmonious until the respondent no. 6
initiated the installation of a mobile tower in the said locality.
3. It is further submitted that respondent no. 6 is a private company
engaged in the business of installing mobile towers for telecom service providers
across the country. The said respondent commenced the installation of a mobile
tower on the residential premises of one Ramveer Singh Jadon, situated within
Shri Ram Vihar Colony, Ward No. 4, Bhodapur. The said construction, it is
alleged, has been carried out without obtaining any requisite permissions from the
competent authorities and is therefore illegal. The residents of the locality strongly
objected to the installation of the mobile tower. However, the employees engaged
in the said work asserted that they had obtained due permission and refused to halt
the construction. Aggrieved by such conduct, the petitioners submitted a
complaint dated 26.02.2026 before the office of respondent no. 4 seeking
immediate stoppage of the installation work. Pursuant to the said complaint,
certain officials from the office of respondent no. 4 visited the site on 29.02.2026
and temporarily intervened, resulting in suspension of the installation work for a
period of three to four days. However, thereafter, the employees of respondent no.
6 resumed the installation activities during late night hours in an apparent attempt
to avoid scrutiny. The petitioners thereafter made several representations and
complaints before respondents no. 2 to 5 on various occasions requesting
appropriate action to restrain the illegal installation, but no effective steps have
been taken by the authorities till date.
4. It is further submitted that the proposed site of installation is situated in
close proximity to sensitive public institutions. At a distance of approximately 400
feet from the site, a government healthcare facility, namely Sanjivini Clinic, is
operational, catering to patients suffering from various ailments. Additionally, at a
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distance of about 200 feet, KRD Global School is situated, where approximately
250 to 300 children of the locality are enrolled and attend classes regularly. The
installation of a mobile tower in such a densely populated and sensitive area poses
serious health concerns and potential hazards, particularly for young children and
individuals with existing medical conditions. In light of the aforesaid facts and
circumstances, it is prayed that this Hon'ble Court may be pleased to direct the
respondent authorities to cancel any permission, if granted, to respondent no. 6 for
the installation of the mobile tower at Shri Ram Vihar Colony, near Mohit Garden,
Bhodapur, and to take appropriate steps to ensure that no such installation is
carried out in the said locality in violation of applicable laws and in disregard of
public health and safety.
5. Learned counsel appearing for the State as well as for the Union of India
jointly submit that the allegations raised by the petitioners are misconceived,
premature, and devoid of merit, as the installation of telecom infrastructure,
including mobile towers, is governed by a well-defined statutory and regulatory
framework. The respondents assure this Hon'ble Court that if any illegality or
procedural lapse is found upon further verification, necessary corrective
measures, including stoppage or removal of the installation, shall be undertaken in
accordance with law. Hence, it is prayed that the present petition, being based on
unfounded apprehensions and lacking substantive proof of illegality, deserves to
be dismissed.
6. Upon hearing learned counsel for the parties, considering the
submissions advanced, and perusing the material available on record, this Court
finds that the grievance of the petitioners primarily pertains to the alleged
unauthorized installation of a mobile tower in a residential locality and the
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inaction on the part of the concerned authorities despite repeated representations.
At this stage, without expressing any opinion on the merits of the case, this Court
deems it appropriate to dispose of the present petition with a direction to the
competent authorities to consider and decide the grievance of the petitioners in
accordance with law.
7. Accordingly, the present petition is disposed of with a direction to
respondent No. 3/Collector, Gwalikor and respondent No. 4/the Commissioner,
Municipal Corporation, Gwalior, to consider and decide the pending
representation submitted by the petitioners expeditiously, preferably within a
period of three working days from today. In the event any illegality, irregularity,
or violation is found, necessary corrective steps shall be taken forthwith in
accordance with law.
With the aforesaid directions, the petition stands disposed of.
C.C. today.
(MILIND RAMESH PHADKE)
JUDGE
ojha
