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MOHIT KUMAR SHAH
ATC Telecom Infrastructure Pvt. Ltd. – Appellant
Versus
State of Bihar – Respondent
MOHIT KUMAR SHAH, J.:–The present writ petition has been filed for setting aside the notice dated 01.02.2021 as also the notice dated 24.02.2021 issued by the Municipal Executive Officer, Danapur Nagar Parishad, Danapur i.e. the respondent no. 6, whereby and where under the respondent Parishad has purported to seal the telecommunication tower installed by the petitioner company on the ground that no permission has been taken for installing the same. The petitioner has also prayed to direct the respondents to immediately unseal the telecommunication tower installed by the petitioner company at the premises of one Ms. Shakuntala Devi situated at Sadhu Ji Ka Khatal, Gajadhar Chauk, Danapur, District-Patna, Bihar, appertaining to Khesra No. 712, Khata No. 631, Thana No. 21, situated within the territorial limits of Danapur Nagar Parishad.
2. The brief facts of the case are that the petitioner had installed a ground based tower in the aforesaid premises in the year 2004 pursuant to an agreement entered into with the said Smt. Shakuntala Devi, as extended by an agreement dated 21.11.2014 for a further period of 15 years. It is submitted that the respondent State authorities vide notificat
Adherence to the principles of natural justice is essential for orders passed by public authorities.
Installation of telecommunication towers on private property requires only owner consent and structural safety certification; projects classified as infrastructure are shielded from injunctions unles....
The main legal point established in the judgment is the importance of strict compliance with rules and regulations governing the installation of mobile towers, and the need to consider applications f....
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....
Compliance with NOC conditions is essential for the lawful operation of telecom installations, and interim restraints can be lifted upon establishing such compliance.
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