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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL
Saral Mobile Project Services Pvt. Ltd. – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
JAGMOHAN BANSAL, J.
1. The petitioner through instant petition under Article 226 of the Constitution of India is seeking setting aside of impugned order dated 02.07.2025 passed by respondent No.2-Deputy Commissioner, Faridabad whereby order dated 07.01.2025 granting permission to install mobile tower has been cancelled.
2. The petitioner was granted Infrastructure Provider Category-I (‘IP-I’) License by the Department of Telecommunication to set up and lease passive telecom infrastructure such as mobile tower. The Deputy Commissioner, Faridabad vide order dated 07.01.2025 granted permission under Haryana Government Communication & Connectivity Infrastructure Policy, 2023 (for short ‘2023 Policy’) to erect tower on the land of Haryana Shehri Vikas Pradhikaran (‘HSVP’). Deputy Commissioner, Faridabad vide order dated 04.04.2025 cancelled aforesaid permission citing reason of ‘public interest’. The aforesaid order was based upon letter dated 27.03.2025 of HSVP. Relevant extract of letter dated 27.03.2025 reads as:
“Since, the Residents Welfare Association, Sector-7, Faridabad are opposing the installation of the Mobile Tower in their locality, keeping view health hazards of th
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 withdrawal of a granted permission without prior notice and opportunity to be heard violates the principles of natural justice and may be set aside.
Adherence to the principles of natural justice is essential for orders passed by public authorities.
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.
Clarification on permit issuance for mobile tower installation without prior clearance from District Telecom Committee.
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