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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S.KULKARNI, ADVAIT M.SETHNA
Indus Tower Limited Having Circle Office – Appellant
Versus
Gram Panchayat Tanang, Taluka-Miraj – Respondent
JUDGMENT :
Advait M. Sethna J.
1. This writ petition is filed under Article 226 of the Constitution of India praying for the following substantive reliefs :-
“[A] That this Honourable Court be pleased to issue a writ mandamus or writ certiorari or writ in the nature of mandamus or any other appropriate writ direction or order under Article 226 of the Constitution of India, 1950, quashing and setting aside the impugned Resolution No. 3 passed by the Respondent no. 1, Village Gram panchayat Tanang, Taluka - Miraj, District - Sangali dated 08.08.2024 thereby cancelled the No Objection Certificate (NOC) and stopped the installation work of mobile tower of the petitioner at Gat No. 300/1, Tanang, Taluka- Miraj, District –
Sangli.
[B] That this Honourable Court be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ direction or order under Article 226 of the Constitution of India, 1950, be pleased to direct the Respondent No. 1 - Gram panchayat, their employees, their agent, or any other person claiming through the Respondent No.l not to obstruct the installation of the mobile tower of the Petitioner - Company at Gat No. 300/1, Tanang, Taluka -
The cancellation of a No Objection Certificate for a mobile tower without due process, specifically without a hearing, contravenes principles of natural justice and lacks legal basis, as complaints a....
Adherence to the principles of natural justice is essential for orders passed by public authorities.
The main legal point established in the judgment is that the installation of mobile towers should be assessed based on scientific evidence and guidelines related to EMF radiation to determine health ....
Point of law: India's national policy has been clearly and unequivocally expressed by the legislature in the Atomic Energy Act. National and international policy of the country is to develop control ....
The withdrawal of a granted permission without prior notice and opportunity to be heard violates the principles of natural justice and may be set aside.
Telecom service is an essential service as per Essential Service Management Act, 2005.
The court has the power to issue a writ of mandamus to direct a public authority to perform its legal duty, and such direction must be in accordance with law and after proper adjudication.
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