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ANOOP KUMAR DHAND
Reliance Jio Infocomm Ltd – Appellant
Versus
Harish Agrawal – Respondent
ORDER
Anoop Kumar Dhand, J. - The issues involved in this petition are '(1) Whether the Permanent Lok Adalat has jurisdiction to adjudicate the dispute regarding installation of mobile tower? & (2) Whether installation or removal of mobile tower is covered by the definition of 'public utility service', as defined under Section 22A(b) of the Legal Services Authorities Act, 1987 (for short 'the Act of 1987')?' It is in the above background, the issues involved in this petition are required to be considered by this Court.
FACTUAL MATRIX:
2. This petition has been filed by the petitioner to annul the impugned order dated 29.05.2023 passed by the Permanent Lok Adalat, Jaipur Metropolitan, Jaipur (for short 'the PLA') by which a direction has been issued to the Deputy Commissioner and Enforcement Officer of the Jaipur Development Authority (for short 'the JDA') to seize the mobile tower, installed at the site in question and dismantle the same within 15 days and recover the amount of expenses incurred in the above process from the petitioner and a further direction has been issued to the JDA to submit the compliance report of the order dated 29.05.2023 till 30.06.2023.
3. Feeling aggrieved b
The court established that disputes related to mobile tower installations are not within the jurisdiction of the Permanent Lok Adalat as they do not constitute 'public utility service' under the Act.
Telecom service is an essential service as per Essential Service Management Act, 2005.
Point of Law : Permanent Lok Adalat has, , clearly fallen into an error in adjudicating dispute instituted by the applicant on it's merits, when it could not effect the conciliation/settlement betwee....
Section 22(C) determine jurisdiction of Permanent Lok Adalat and it adumbrate that the Permanent Lok Adalat shall exercise jurisdiction in respect of any matter relating to an offence, which is compo....
Adherence to the principles of natural justice is essential for orders passed by public authorities.
The Permanent Lok Adalat lacks jurisdiction over disputes not directly related to public utility services, and procedural fairness, including the right to cross-examine, is essential for valid adjudi....
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....
The Permanent Lok Adalat can decide a dispute only after following the procedure outlined in Section 22C of the Legal Services Authorities Act, 1987.
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