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2023 Supreme(Chh) 70

ARUP KUMAR GOSWAMI, ARVIND SINGH CHANDEL
Bharti Airtel Ltd. – Appellant
Versus
Bhilai Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sumit Nema, Senior Advocate, assisted by Mr. Anand Dadariya, Advocate
For the Respondents:Mr. H.B. Agrawal, Senior Advocate, assisted by Ms. Swati Agrawal, Advocate, Mr. Trivikram Nayak, Panel Lawyer, Mr. Tushar Dhar Diwan, Central Govt. Advocate

ORDER :

Arvind Singh Chandel, J.

1. The petitioner in the instant petition had originally assailed the constitutionality and validity of the Chhattisgarh Municipal Corporation (Erection of Temporary Tower or Structure for Cellular Mobile Phone) Rules, 2010 (henceforth ‘the Rules of 2010’) (which were notified vide notification No.5062/1405/18/2010 dated 24.9.2010) (Annexure P3) as being ultra vires to the Constitution of India and its enactment being beyond the legislative competence and jurisdiction of the State of Chhattisgarh, thus, being violative of Articles 14, 19(1)(g), 245 and 246 of the Constitution of India. This challenge was subject matter in a bunch of 20 other writ petitions, lead petition being Writ Petition (C) No.6324 of 2011 (Reliance Infratel Limited v. State of Chhattisgarh and others) before this Court, wherein, vide final order dated 12.2.2020, this Court upheld the validity of the Rules of 2010 and dismissed the bunch of the writ petitions holding that the State Government was well within its jurisdiction to legislate upon the subject matter under question,

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