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IN THE HIGH COURT AT CALCUTTA
ANANYA BANDYOPADHYAY
Indus Tower Ltd. – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Ananya Bandyopadhyay, J.
1. The revisional application has been presented before this Court seeking exercise of its inherent and supervisory jurisdiction for setting at naught the criminal proceeding being Case No.181 of 2014 pending before the Learned First Municipal Magistrate at Calcutta under Section 401A of the Kolkata Municipal Corporation Act, 1980, arising out of F.I.R. No.24 dated 31st March, 2014 and the charge-sheet no.69 dated 26th July, 2014 submitted in consequence thereof.
2. The pleadings reveal that the petitioner no.1 is a company incorporated under the Companies Act, 1956, maintaining its registered office at Bharti Crescent, 1, Nelson Mandela Marg, Vasant Kunj, Phase-II, New Delhi– 110070, while conducting its operations within the State of West Bengal through its circle office situated at Unit No.801, 8th Floor, Godrej Waterside, Sector-V, Electronic Complex, Salt Lake, Kolkata–700091.
3. The petitioner company asserts that it possesses registration granted by the Department of Telecommunications, Ministry of Communications and Information Technology, Government of India, as a Category-I Infrastructure Provider (IP-I) under Registration No.177/2008 dated
Installation of telecommunication towers on private property requires only owner consent and structural safety certification; projects classified as infrastructure are shielded from injunctions unles....
Compliance with guidelines and obtaining necessary permissions for the installation of mobile towers is crucial.
The Municipal Commissioner did not have the authority to pass orders under Sections 429, 435, and 438 of the Bihar Municipal Act, 2007, and the Indian Telegraph Act, 1885.
Proceedings quashed under inherent powers where no prima facie case for IPC offences under Ss.288,420,406,465,504,506 as essential ingredients absent even assuming all allegations true.
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