Patna High Court
Ashish Kumar vs The State Of Bihar on 18 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11460 of 2023
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Ashish Kumar, Son of Bibek Kumar, Resident of Village Sukhashan, Uttar
Bari, Funiyahi, P.S. and District Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Urban Development and
Housing Deptt, Govt. of Bihar, Patna.
2. The Joint Secretary, Urban Development and Housing Deptt, Govt. of Bihar,
Patna.
3. District Magistrate, Madhepura.
4. The Deputy Development Commissioner, Madhepura.
5. The Block Development Officer, Madhepura.
6. Circle Officer, Madhepura.
7. The Chairman Cum- Managing Director, Bharat Sanchar Nigam Limited,
New Delhi.
8. The Principal General Manager, Bharat Sanchar Nigam Limited, R.Block,
Veer Chand Patel Road Area, Patna.
9. The Director, Indus Tower Limited, Gurgaon Pin- 122001.
10. Girish Prasad Singh, Son of Chakardhar Prasad Singh, Resident of Village
Funiyahi Ward No. 6, P.S. and District- Madhepura.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Uday Chand Prasad, Advocate
For the Respondent/s : Mr.Subhash Pd. Singh (GA-3)
Mr. Indeshwari Prasad, A.C. to GA-3
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 18-08-2023
1. The Public Interest Litigation is filed to
restrain the construction/installation of a mobile tower within a
densely populated area and also near a school. The petitioner
alleges that the 9th Respondent is constructing a mobile tower
Patna High Court CWJC No.11460 of 2023 dt.18-08-2023
against which a representation has been given to the District
Magistrate, and the Circle Officer. It is also submitted that there
is violation of Section 4 of the Bihar Communication Towers
and Related Structures Rule, 2012 (for brevity "the 2012
Rules"). The proposed location of the tower is said to be the
land of the 10th Respondent. The petitioner asserts that the
installation of the tower in the proposed site is in contravention
of Section 4 of the 2012 Rules, especially when a school and a
temple are situated within hundred metres of the aforesaid land.
But, for the violation alleged, there is nothing otherwise stated
against the installation.
2. The 2012 Rules by Section 4 prohibits
installation of a tower within a radius of hundred metres from a
school, college or a hospital. The authority under the 2012 Rules is
the Municipality to whom an application has to be made under
Rule 5 and an approval of the Municipality is also appealable
before the Principal Secretary, Urban Development & Housing
Department within 30 days of the order. The petitioner ought to
have obtained the order of the Municipality and taken it up in
appeal if he is aggrieved by the tower installation, i n violation of
the Rules. The representation filed before the District Magistrate
and the Circle Officer cannot evoke any response since the
Patna High Court CWJC No.11460 of 2023 dt.18-08-2023
authority constituted under the 2012 Rules is quite different. The
Municipality which has to grant approval under the 2012 Rules
also has not been impleaded.
3. We find no reason to entertain the writ petition
as a Public Interest Litigation for all the reasons stated above.
We hence reject the writ petition but, however, leaving liberty to
the petitioner to avail of the remedies available under the 2012
Rules.
(K. Vinod Chandran, CJ)
(Partha Sarthy, J)
P.K.P./-
AFR/NAFR
CAV DATE
Uploading Date 21.08.2023
Transmission Date
