ORDER:

The short grievance of the petitioners is to declare the action of respondent Nos.1 to 5 in permitting respondent No.6 to construct Jio 5^th Generation Mobile Signal Tower in middle of residential houses at Bethapudi Village, Repalle Mandal, Guntur District, without obtaining NOC from the villagers and also the action of respondent No.6, in constructing the said tower, as illegal, arbitrary.

2. Heard Sri Peeta Raman, learned counsel representing Sri Borra Venkateswara Rao, learned counsel for the petitioners and Sri M.Sudheer, learned Standing Counsel for respondent No.5 and Ms.Prasanthi Gude, learned Assistant Government Pleader.

3. Learned Assistant Government Pleader submitted that the petitioners cannot say that NOC is required from the villagers for establishment of Jio Cell Tower and there is no rule as such in that regard. She further submitted that G.O.Ms.No.334 dated 09.10.2012, G.O.Ms.No.420 dated 24.09.2013 and G.O.Ms.No.75 dated 29.07.2015, which govern the procedure for establishment of towers, contains no rule showing that NOC has to be obtained from the villagers to erect a cell tower in the village, as such, the writ petition is misconceived, devoid of merits and prayed to dismiss the writ petition.

4. In the absence of any rule insisting for NOC from the villagers, the petitioners cannot say that NOC is required from the villagers for establishment of Cell Tower. As per G.O.Ms.No.334 dated 09.10.2012, the mandatory approvals/permissions, the applicant has to obtain from is categorically mentioned, which reads as follows:-

“Mandatory to obtain preliminary approval / permission etc.:

The applicants (service providers) shall obtain necessary preliminary approval from the Executive Authority of Gram Panchayat concerned before erecting telecommunication towers and related structures and the structural stability certificate from the respective technical authority before granting final permission and license for usage who intent to erect the telecommunication towers in the respective Gram Panchayats subject to fulfilling the other conditions on the following:

(i) The applicant shall obtain approval of Air Traffic Controller, Airport Authority of India for exempting of roof top antenna from height restriction, in case such exemption is required.

(ii) The Applicant shall take special precaution for fire safety and lightening etc., (iii) The Applicant shall furnish a legally valid undertaking that they are solely responsible for any damage to the building and for public safety.

(iv) The Applicant shall furnish NOC from the surrounding building owners, and from the concerned building owners in case rooftop installations.”

G.O.Ms.No.420 dated 24.09.2013 and G.O.Ms.No.75 dated 29.07.2015, also amended the rules made in G.O.Ms.No.334 dated 09.10.2012.

5. In the said referred G.Os also, there is no rule to show that villagers consent is required for erection of cell tower, as such, writ petition is misconceived, devoid of merits and liable to be dismissed.

6. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs.

As a sequel, miscellaneous applications, pending if any, shall stand closed.

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JUSTICE RAVI CHEEMALAPATI Date: 30^th September, 2024 RKS