Disposed

Dakhin Ganesh Nagar Yubak Sangha and Anr. v. the State of Assam and 7 Ors.

Gauhati HC1 Feb 2019WP(C)/455/2019

Case brief

AI extract

What is this about?

The Gauhati High Court directed the District Telecom Committee (DTC) in Kamrup (M) to address the petitioners' complaint preventing a mobile tower erection near a school and temple within 30 days, pending hearing.

What did the court decide?

Injunction on construction pending DTC decision within 30 days; DTC to decide grievance after hearing stakeholders.

Dakhin Ganesh Nagar Yubak Sangha and… — Constitutional and Fundamental Rights | Gauhati HC (2019)

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GAHC010014732019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 455/2019

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1:DAKHIN GANESH NAGAR YUBAK SANGHA AND ANR.

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REP. BY ITS SECY., SRI NIPON DAS, AGED ABOUT 24 YEARS, S/O- SRI NARHARI DAS,, R/O- DAKHIN GANESH NAGAR, P.S. BASISTHA, PIN781029, DIST- KAMRUP (M), ASSAM

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2: NIRANJAN BORO S/O- LT BIPIN BORO SECY. OF DAKHIN GANESH NAGAR UNNAYAN SAMITI R/O- DAKHIN GANESH NAGAR P.S. BASISTHA PIN- 781029 DIST- KAMRUP (M) ASSA

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VERSUS

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1:THE STATE OF ASSAM AND 7 ORS.

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REP. BY ITS COMM. AND SECY., INFORMATION TECHNOLOGY DEPTT., DISPUR, GHY-6

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2:THE DY. COMMISSIONER KAMRUP (M), GHY-1

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3:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE GHY-28

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4:THE OFFICER-IN-CHARGE BASISTHA P.S., GHY-28

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5:THE COMMISSIONER

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GUWAHATI MUNICIPAL CORPORATION DISPUR GHY-6

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6:THE DIRECTOR TERM CELL ADMINISTRATIVE BUILDING BSNL COMPOUND PANBAZAR GHY-1

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7:BHARTI AIRTEL LTD. REP. BY ITS CIRCLE HEAD BHARTI HOUSE SIX MILE KHANAPARA GHY-22 8:NARAYAN MEDHI S/O- LT DANDI RAM MEDHI R/O- DAKHIN GANESH NAGAR P.S. BASISTHA GHY-29 KAMRUP (M) ASSAM.

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Advocate for the Petitioner : MR D K ROY

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN

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ORDER

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Date : 01-02-2019

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Heard Mr. B. K. Roy, learned counsel for the petitioners and Mr. B. Deori, learned Govt. Advocate, Assam. Also heard Mr. H. Sarma, learned Standing Counsel, Guwahati Municipal Corporation (GMC).

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Petitioner No. 1 is the Dakhin Ganesh Nagar Yubak Sangha, a society registered under the Societies Registration Act, 1860 and petitioner No. 2 is the secretary of the said society. It is stated that all members of petitioner No. 1 society are residents of Dakhin Ganesh Nagar area of Guwahati city and are committed to the all round development of the said area.

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According to the petitioners, respondent No. 8 has given permission to respondent No. 7 Bharti Airtel Ltd. to erect a mobile tower on his RCC building. Apprehension has been expressed that erection of such a mobile tower in a densely populated area may result in serious health hazard. The situation is aggravated by the presence of one LP school which is situated within a distance of 20 mtrs of the proposed mobile tower. In addition, there is one shiv temple and a namghar in the locality besides one water supply scheme.

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Petitioner had submitted a representation dated 26.011.2018 before the Deputy Commissioner, Kamrup (M), Guwahati to stop erection of the mobile tower. On 26.12.2018 office of the Deputy Commissioner, Kamrup (M) had directed Director, TERM Cell, BSNL; Joint Director, Health Services, Assam; Member Secretary, Pollution Control Board, Assam; and Circle Officer, Dispur Revenue Circle to cause an enquiry into the matter and thereafter to submit a report within 5 (five) days.

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It is submitted that no such report has been submitted. In such circumstances, petitioners have been compelled to approach the Court.

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In pursuance of the provisions contained in the Indian Telegraph Right of Way Rules, 2016 and in supersession of all earlier orders and guidelines, Govt. of Assam in the Information Technology Department has issued notification dated 13.02.2018 framing guidelines to bring uniformity, clarity and simplification in the process of giving permission to install telegraph infrastructure in urban and rural areas of Assam, which received assent of the Assam Cabinet on 28.01.2018. The guidelines are called “Guidelines for granting Right of Way to Telegraph Infrastructure in Assam, 2018”. As per para 2 (1)(c), DTC has been defined to mean District Telecom Committee as formed under para 18. Paragraph 19 deals with appeals/dispute resolution/public grievance. As per paragraph 19(b), the DTC shall decide a dispute/dispose of the complaint/grievance within 30 days of receipt of the grievance.

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Paragraph 18(2) deals with constitution of District Telecom Committee (DTC). It says that

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there shall be District Telecom Committee (DTC) in each district to implement these guidelines under the overall supervision of the State Telecom Committee (STC). Para 18(2) provides that DTC shall comprise of the following members with Deputy Commissioner as the Chairman:-

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Sl. No.	Designation	Membership
1.	DeputyCommissioner	Chairman
2.	Superintendent of Police	Member
3.	Additional DeputyCommissioner	Member
4.	Chief Municipal Officer of ULBs in the District	Member
5.	Secretaryof Development Authority	Member
6.	CEO,Zila Parishad	Member
7.	Representative of the Pollution Control Board	Member
8.	Chief Medical and Health Officer	Member
9.	Suptd. Engineer,PWD	Member
10.	Suptd. Engineer,APDCL	Member
11.	Representative of the concerned licensee	Member

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However, Chairman of the DTC i.e. Deputy Commissioner is authorized to co-opt any expert as may be considered necessary. Para 18 (3) (ii) provides that DTC shall deal with issues related to installation of telecom infrastructure within its jurisdiction including public grievance which may arise in case of installation of mobile towers, laying of underground or overhead OFC etc. in the State.

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Considering the above, Court is of the view that DTC, Kamrup (M) should take up the

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grievance of the petitioners and pass necessary order after hearing all the stakeholders.

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Let the office of Deputy Commissioner, Kamrup (M) place the complaint of the petitioners before the DTC, Kamrup (M) whereafter the said DTC shall decide the same within a period of 30 (thirty) days from the date of its first meeting.

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Any construction made by respondent Nos. 7 & 8 during this period shall be at their risk and cost.

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Writ petition is disposed of.

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JUDGE

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Comparing Assistant

Dakhin Ganesh Nagar Yubak Sangha and Anr. v. the State of Assam and 7 Ors.

Case brief

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Dakhin Ganesh Nagar Yubak Sangha and Anr. v. the State of Assam and 7 Ors.

Case brief

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