Atc Telecom Tower Corporation Pvt. Ltd. Vs the… — Writ and Judicial Review | Karnataka HC (2025)

Atc Telecom Tower Corporation Pvt. Ltd. Vs the… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:2763 WP No. 37917 of 2016

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 37917 OF 2016 (LB-BMP)

BETWEEN:

ATC TELECOM TOWER CORPORATION PVT LTD A COMPANY REGISTERED UNDER THE COMAPNIES ACT, HAVING ITS REGISTERED OFFICE AT 404, 4TH FLOOR, SKYLINE ICON, NEAR MITTAL INDUSTRIAL ESTATE, ANDHERI KURLA ROAD, ANDHERI (EAST), MUMBAI-40059 CIRCLE OFFICE AT: NO.309, SRI VENKATESH COMPLEX, 1ST FLOOR, INDIRANAGAR, 100 FEET ROAD, BANGALORE-560038 REPRESENTED BY ITS POA HOLDER MR. PRAKASH.M

…PETITIONER

(BY SRI. N.SHIVAKUMAR., ADVOCATE)

Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

AND:

THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU-560 001.

THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURUMAHANAGARA PALIKE, K.G. HALLI SUB-DIVISION, BEHIND ASHOKA ENCLAVE, ROBER ROAD, FRAZER TOWN, BENGALURU-560005.

THE ASSISTANT EXECUTIVE ENGINEER C-5, SUB-DIVISION, BESCOM,

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NC: 2025:KHC:2763 WP No. 37917 of 2016

L.R. BANGE MAIN ROAD, KAVAL BYRASANDRA, BENGALURU-560032.

…RESPONDENTS

(BY SRI. B.L.SANJEEV., ADVOCATE FOR R-1 & R-2; SRI. V.N.MURTHY., ADVOCATE FOR R-3)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEX-L THE IMPUGNED LETTER DTD.26.5.2016 ISSUED BY THE R-2 TO THE R-3, ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

ORAL ORDER

This writ petition is filed challenging the

communication dated 26.05.2016 at Annexure-L, which is a letter sent by BBMP to the AEE of BESCOM, which reads as follows:

“SUBJECT:- Illegal installation of mobile tower by ATC Telecom Tower Corporation Private Limited., over the property Plot No.79, Muneswaranagar, 5^th Cross as there is public opposition, not to give power connection to tower.

3 - NC: 2025:KHC:2763 WP No. 37917 of 2016

Reference:Complaint given by Dr.Ambedkar Dalit Seva Samiti(reg). dated 06/04/2016.

With reference to above subject that M/s. ATC Telecom Tower Corporation Private Limited., has illegally erected mobile Tower over Property Plot No.79, Muneswaranagar, 5^th Cross, in this regard we are in receipt of complaint by the fellow citizen.

As the owner of the property to get power connection, unauthorizedly cut the road resulted in loss to BBMP. Therefore it is requested BESCOM not to give permission to get power connection.”

As could be seen from the above, it appears that the BBMP is aggrieved by the illegal cutting of the road for laying the cable to secure power supply by the petitioner and therefore, it has proceeded to issue a letter to BESCOM not to provide power supply to the petitioner.

In my view, such kind of a direction to be issued to BESCOM not to supply power would be illegal. If the

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NC: 2025:KHC:2763 WP No. 37917 of 2016

roads of the BBMP are illegally excavated for laying a cable line, the BBMP would have a right to initiate action in accordance with law, but they cannot direct another authority not to provide power supply. In that view of the matter, Annexure-L cannot be sustained and the same is quashed.

It is also noticed that this Court granted an interim order dated 19.07.2016 directing to restore power supply to the petitioner, subject to the result of the writ petition.

Learned counsel for the petitioner submits that pursuant to the said interim order, the power supply was indeed restored.

In that view of the matter, the power supply shall be continued to the petitioner. As stated above, liberty is reserved to the BBMP to take appropriate action against the petitioner, if it has violated any provisions under any Act or Rule or Byelaw in this regard.

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NC: 2025:KHC:2763 WP No. 37917 of 2016

7. Writ Petition is accordingly disposed of.

Sd/(N S SANJAY GOWDA) JUDGE

PKS List No.: 1 Sl No.: 57