Dismissed¶37

Nirmala Sahoo v. State of Odisha

Orissa HC14 May 2024WP(C)/7837/2024

Case brief

AI extract

What is this about?

Mobile tower installation restraint; radiation health hazard plea; Indus Towers Ltd.; Nirmala Sahoo v. State of Odisha; W.P.(C) No.7837 of 2024; Orissa High Court; Dr. Justice S.K. Panigrahi; suppression of prior litigation; forum shopping deprecated; personal vengeance/oblique motive; successive S.144/S.145 CrPC proceedings before Executive Magistrate and SDM Khordha; C.S. 98 of 2023 injunction dismissed; FAO No. 16 of 2023; costs Rs.5,000/- to Orissa High Court Bar Association Welfare Funds; interim order dated 06.04.2024 vacated; writ petition dismissed.

What did the court decide?

No relief to the Petitioner; writ petition dismissed with costs of Rs.5,000/- imposed on the Petitioner, and the interim order dated 06.04.2024 vacated. ¶37

Nirmala Sahoo Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No relief to the Petitioner; writ petition dismissed with costs of Rs.5,000/- imposed on the Petitioner, and the interim order dated 06.04.2024 vacated.

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Issue for consideration

Whether the Court should direct the Opposite Parties to restrain Opposite Party No.2 from installing a mobile tower on the plot of Opposite Party No.4 adjacent to the Petitioner's residential house, on the ground of alleged hazardous radiation and risk during high wind/cyclone. +1 more

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Court's answer

Nowhere in the writ petition was the Petitioner able to show that radiation from the proposed mobile tower has really caused harm to the nearby population or to her.

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Ratio / Principle

The Petitioner appeared to be misleading the Court in pursuit of personal vengeance or some oblique motive against the Opposite Parties, and her conduct of filing successive proceedings across forums amounted to forum shopping, which is not allowed and strongly deprecated.

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Key takeaways

Because the Petitioner did not disclose the filing of so many cases before different forums, the Court imposed a cost of Rs.5,000/- on her for wasting the Court's time, to be deposited with the Orissa High Court Bar Association Welfare Funds for purchasing library books within ten days.ratio¶36

Detailed headnote1 paragraphs

Writ petition (W.P.(C) No.7837 of 2024, High Court of Orissa) seeking restraint on installation of a mobile tower by Opposite Party No.2 on the plot of Opposite Party No.4 adjacent to the Petitioner's residence, alleging hazardous radiation and cyclone risk, DISMISSED. From the list of dates placed by Opposite Party No.3 (Indus Towers Ltd.), the Court noted the Petitioner had successively instituted proceedings under Ss.144 and 145 CrPC before the Executive Magistrate/SDM, Khordha, a civil suit for permanent injunction (C.S. 98 of 2023) whose ad interim injunction application was dismissed, and an appeal (FAO No. 16 of 2023), none of which were disclosed in the writ petition. Holding that the Petitioner failed to show any actual harm from radiation and was misleading the Court for personal vengeance or oblique motive, the Court deprecated the forum shopping, imposed costs of Rs.5,000/- on the Petitioner payable to the Orissa High Court Bar Association Welfare Funds for library books within ten days, and vacated the interim order dated 06.04.2024. (Dr. S.K. Panigrahi, J.)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.7837 of 2024

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Nirmala Sahoo

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..…... Petitioner Mr. P.R. Chhatoi, Adv.

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-versus-

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State of Odisha & Ors. ..... Opposite Parties

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Mr. S.S. Mohanty, Adv. for O.P.3 Mr. Soumya Mishra, Adv. for O.P.4

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

ORDER

14.05.2024

Order No.

This matter is taken up through hybrid arrangement.

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Heard learned counsel for the parties.

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In this Writ Petition, the Petitioner seeks a direction from

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this Court to the Opposite Parties to restrain the Opposite Party No.2 to install the mobile tower on the plot of the Opposite Party No.4 which is adjacent to his residential house.

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Learned counsel for the Petitioner submits that the Signature Not Verified Digitally Signed Opposite Party No.3/Indus Towers Ltd. is going to install the Signed by: LITARAM MURMU Designation: Personal Assistant Reason: AuthenticationLocation: High Court of Orissa CuttackmoLocation: High Court of Orissa Cuttackmomo bil e tower on the plot of the Opposite Party No.4 which

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Signed by: LITARAM MURMU Designation: Personal Assistant Reason: AuthenticationLocation: High Court of Orissa CuttackmoLocation: High Court of Orissa Cuttackmomo Date: 16-May-2024 10:34:25

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will affect the health condition of the Petitioner’s family as

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well as other inhabitants of the locality. He further submits that the proposed mobile tower on the plot of the Opposite Party No.4 will create hazardous health condition of the locality due to heavy radiation and also endanger to human life during the period of heavy wind or in cyclone time. Therefore, the Petitioner has filed this Writ Petition.

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Learned counsel for the Opposite Party No.3/Indus Towers Ltd. submits that the Petitioner has already filed so many cases before the different forums.

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The list of dates along with cases filed by the Petitioner has been submitted by the Opposite Party No.3/Indus Towers Ltd. in Court today. The said list of dates is extracted below:

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LIST OF DATES

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Sl. No.	DATE	DESCRIPTION
1	23.05.2023	The Petitioner filed Misc. Case No. 197 of 2023 u/s 144 of CrPC against the Opp Party No. 3 & 4 before the Executive Magistrate/Sub Collector, Khordha. The Executive Magistrate passed an order to maintain status quo over the case land until further orders.
2	17.07.2023	The Petitioner filed Misc. Case No. 273/2023 U/s 144 CrPC against the Opp Party No. 3 & 4 before the Executive Magistrate/Sub Collector, Khordha. The Executive passed an order to maintain status quo over the case land until further orders.
3. ied	14.08.2023	Petitioner filed C.S. 98 of 2023 for Permanent Injunction against Opp No. 3 & 4 along with I.A. No. 1 off 2023 for ad interim injunction. The Civil Judge (Jr. Division), Khordha dismissed the I.A. No. 1 of 2023 in C.S. No. 98/2023 holding that the present Opp No. 3 (Indus Towers) has obtained all the permissions from the concerned authorities and the fact of health hazardous by

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 16-May-2024 10:34:25

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		radiation of mobile tower is yet to be proved by scientific logic.
4	22.08.2023	The Petitioner Preferred an appeal bearing FAO No. 16 of 2023 before the Court of Addl. District Judge, Khordha against the order dated 14.08.2023 passed in L.A. 01 of 2023 in C.S. No. 98 of 2023.
5	16.09.2023	The Executive Magistrate, Khordha in Misc Case No. 273/2023 U/s 144 CrPC passed an order that the stipulated time of said proceeding has been over hence the case is closed.
6	18.09.2023	The Petitioner filed Misc. Case No. 380 of 2023 u/s 144 of CrPC against the Opp Party No. 3 & 4 before the Executive Magistrate/Sub Collector, Khordha. The Executive passed an order restraining the Opposite Parties to enter into the case land until further orders.
7	30.01.2024	The Petitioner filed Misc. Case No. 36 of 2024 u/s 144 of CrPC against the Opp Party No. 3 & 4 before the Executive Magistrate/Sub Collector, Khordha. The Executive passed an order to maintain status quo over the case land until further orders.
8	14.03.2024	The Petitioner filed Misc. Case No. 377 of 2024 u/s 145 of CrPC against the Opp Party No. 3 & 4 before the Sub- Divisional Magistarte, Khordha. The SDM passed an order to maintain status quo over the case land until further orders.

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It seems that the Petitioner is misleading this Court for seeking her personal vengeance or for some oblique motive against the Opposite Parties. Further, nowhere in the entire Writ Petition has she been able to show that the radiation effect has really caused harm to the nearby population or to

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her. Furthermore, the Petitioner is engaged in forum Signature Not Verified Digitally Signed shopping which is not allowed and strongly deprecated by Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication thi s C ourt.

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication thi Location: High Court of Orissa Cuttack Date: 16-May-2024 10:34:25

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In such view of the matter, since the Petitioner has not

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disclosed the fact of filing of so many cases before the different forums, this Court deem it appropriate to impose a cost of Rs.5,000/- (Rupees five thousand) on the Petitioner for wasting the valuable time of this Court. The said cost shall be deposited with the Orissa High Court Bar Association Welfare Funds which shall be utilized for purchasing books in the Library within ten days from today.

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Accordingly, the Writ Petition is dismissed.

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Interim order dated 06.04.2024 stands vacated.

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( Dr. S.K. Panigrahi)

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Judge

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Murmu

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 16-May-2024 10:34:25

Nirmala Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Nirmala Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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