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No Mandamus can be issued for shifting Mobile tower to other place: Uttarakhand High Court

Where a Mobile tower should be erected is a decision that must be taken by the authorities of the state and it is neither the responsibility nor the duty of the court. Uttarakhand High Court had given its decision in the case of Samay Sharma vs. State of Uttarakhand [Writ petition (PIL) no. 14 OF 2021] stating the above-cited reasons by the bench of Hon’ble Chief Justice Raghvendra Singh Chauhan and Justice Manoj Kumar Tiwari.

In the instant case, Petitioner Samay Sharma had filed a petition stating that Indus Towers Ltd. (respondent no. 5) has been permitted to erect a mobile tower in Aaganwadi Campus, Shivlok Colony, Ramnagar, Raipur, Dehradun. Petitioner had argued that the mobile tower may adversely affect not only the children but whoever will be attending the Aaganwadi Campus and who’ll be residing in the residential area of the colony. Therefore, the petition was filed to direct the authorities to move the tower to some other place.

While observing, HC asked the petitioner’s counsel if there’s any bar in law that prevents a mobile tower from being erected. HC bench contended that “No mandamus can be issued to the respondents for shifting the mobile tower to another place”, observing that “It is neither the responsibility nor the duty of this Court to run the administration.”

High Court, however, gave liberty to the petitioner to file a representation before the respondents and directed them to decide the representation, after giving an opportunity of being heard to the petitioner.

Hence, HC decided to dismiss the petition and stated “At best, if the petitioner were to file a representation before the respondent nos. 1, 2, 3, 4 & 6, they are directed to decide the representation, after giving an opportunity of hearing to the petitioner, and after hearing all his grievances with regard to the erection of the Tower, and shall pass a reasoned order thereafter. Such exercise shall be carried out by the said respondents within three weeks, after receiving the representation to be filed by the petitioner.”

While disposing of the plea, HC opined that where a mobile tower should be erected is a decision that needs to be taken by the respondents themselves i.e, the authorities including the State of  Uttarakhand, District Magistrate, Dehradun, Dehradun Smart City Limited, Mussoorie Dehradun Development Authority and Nagar Nigam, Dehradun.

Click here to read the Judgment

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