Virendra Singh Bhati vs State Of Rajasthan
2021 Latest Caselaw 12188 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4149/2021

Virendra Singh Bhati S/o Dr. Devi Singh Bhati, Aged About 43 Years, R/o House No. 116, Village Ramasiya, Post Hemawas, District Pali.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Urban Development And Housing Department, Secretariat, Jaipur.

2. The District Collector, Pali

3. The Additional District Collector, Pali

4. The Secretary, Urban Improvement Trust, Pali

5. The Additional District Magistrate, Pali

6. The Sub Division Officer, Pali

7. The Tehsildar, Pali

8. The Manager, Indus Towers Limited, D-34, Subhash Marg G-Business Park, Third Floor C Scheme, Jaipur.

9. Shri Bhanwar Singh S/o Sh. Kishan Singh, R/o Plot No. 35, Khasra No. 136, Jai Ambe Nagar, Ramasiya, District Pali.

                                                                    ----Respondents


For Petitioner(s)           :     Mr. Deepak Bora
For Respondent(s)           :



                HON'BLE MR. JUSTICE VIJAY BISHNOI

                            Judgment / Order

04/08/2021

This writ petition has been filed by the petitioner being

aggrieved with the license/NOC dated 09.02.2021 (Annex.-11)

granted by the Secretary, UIT, Pali in favour of respondent No.8

for erecting the mobile tower in village Ramasiya, District Pali. The

(2 of 2) [CW-4149/2021]

order dated 09.02.2021 is challenged by the petitioner on several

grounds.

Having heard learned counsel for the petitoner and after

going through the material available on record, this Court is of the

view that the Joint Secretary of Urban Development and Housing

(Government of Rajasthan) vide order dated 06.02.2017 has

issued detailed guidelines regarding erection of mobile towers in

the State of Rajasthan and clause 15 (4) of the said order clearly

provides that any person can approach the District Telecom

Committee or State Telecom Committee, if he has any grievance

with regard to installation of mobile tower.

In such circumstances, this Court feels that the petitioners

are required to take appropriate remedy under the clause 15 (4)

of the order dated 06.02.2017 against the permission granted in

favour of respondent No.8..

Hence, this writ petition is dismissed with liberty to the

petitioner to avail appropriate remedy as per above observations.

It is expected that if any such complaint/application is

preferred on behalf of the petitioner, the authority concerned shall

decide the same expeditiously strictly in accordance with law.

Stay petition stands disposed of.

(VIJAY BISHNOI),J

Surabhii/15-

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