The High Court held that installation of mobile towers is governed by a State Government order mandating the District Telecom Committee. The petition was disposed of with direction to approach the Committee first.
Petitioners directed to approach District Telecom Committee within one week for consideration of grievances.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:39943]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 4167/2019
----Petitioners
Versus
(2 of 3) [CW-4167/2019]
[2023:RJ-JD:39943]
----Respondents
| For Petitioner(s) | : Dr. Nikhil Dungawat |
|---|---|
| For Respondent(s) | : Mr. Mrigraj Singh Rathore |
| Mr. Avinash Acharya |
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
21/11/2023
Heard learned counsel for the parties.
The present writ petition has been filed by the petitioners, whereby the ‘No Objection Certificate’ dated 15.02.2019 (Annex.2) issued by the respondent No.2 in favour of respondent No.4 for erection of mobile tower at the location in question has been challenged.
Having gone through the averments made in the writ petition, this Court is of the opinion that installation of a mobile tower is governed by the order dated 06.02.2017 issued by the State Government. In the said order dated 06.02.2017, Clause 15(4) clearly provides that the District Telecom Committee under the Chairmanship of District Collector concerned shall deal with
[2023:RJ-JD:39943]
[CW-4167/2019]
(3 of 3)
the issue related to telecom infrastructure including public grievances for installation of tower etc.
In such circumstances, this Court is of the view that the petitioners are supposed to avail appropriate remedy available as per Clause 15(4) of the order dated 16.02.2017. It is ordered that if the petitioners approach the District Telecom Committee within a period of one week from today, the District Telecom Committee shall consider the grievances of the petitioners and decide the same strictly in accordance with law expeditiously within ten days thereafter.
With these observations, this writ petition is disposed of. Stay petition so also all the pending applications are disposed of.
(VINIT KUMAR MATHUR),J
49-Shahenshah/-
1 issue framed by the court
Whether a direct writ petition challenging the No Objection Certificate for a mobile tower is maintainable or if statutory guidance must be followed first.
Rakesh Choudhary and others
State of Rajasthan
Jodhpur Development Authority
Deputy Commissioner (East), Jodhpur Development Authority
M/s Reliance Jio Infocomm Limited
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
