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2019 Supreme(Raj) 726

DINESH MEHTA
Prabhu Kumari Gadri – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : Harish Jangid
For the Respondents: Anurup Singhi, Avinash Acharya, Abhishek Mehta and Hiten Sampat

ORDER :

Dinesh Mehta, J.

1. By way of the present writ petition, the petitioner has challenged permission for installation of mobile tower, issued by the Sub-Divisional Magistrate, Chittorgarh on 07.01.2019.

2. Narrated in a nutshell, the facts appertain to the present writ petition are that the petitioner-Sarpanch of Gram Panchayat, Semaliya has filed the present writ petition claiming to be espousing the cause of her Gram Panchayat. The petitioner's essential grievance is that the Sub-Divisional Magistrate, Chittorgarh, the competent authority, has issued permission/NOC dated 07.01.2019 in violation of the order dated 06.02.2017, issued by the Department of Urban Development and Housing, Government of Rajasthan.

3. Mr. Harish Jangid, learned counsel for the petitioner contended that prior to issuance of the permission, the competent authority has not obtained consent of the concerned Gram Panchayat. He further argued that the competent authority, the respondent No. 2 has neither recorded any reason nor has discussed any of the objections raised by the Gram Panchayat and other persons including the Sub-Divisional Officer, Chittorgarh. His last contention has been that the consent/NOC

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