ORDER

Writ petition is filed to declare the inaction on the part of respondents 1 to 3 in stopping the installation of Tele Communication Infrastructure Tower by the 4th respondent in the land of respondents 5 to 7, as illegal and arbitrary.

2. The grievance of the petitioner is that respondents 5 to 7 leased out their land to the 4th respondent for installation of Tele Communication Infrastructure Tower without the knowledge and consent of other residents of the locality. The Panchayat Secretary of respondent No.3 received objections, however, no action has been taken and granted permission to the 4th respondent to construct the tower. Despite the written complaint dated 30.12.2019 and some more representations to the respondent authorities objecting for erection of cell tower in the land of respondents 5 to 7, the respondent authorities are not acting upon. Hence, the above writ petitions.

3. Counter-affidavit was filed on behalf of respondent No.3. It was contended, inter alia, that the petitioner has no right to stop the installation of cell tower. The 4th respondent made an application dated 06.12.2019 for installation of cell tower in Sy.No.116/22A of Pagolu Village, Challpalli Mandal, Krishna District and paid installation fee along with license fee on 07.12.2019 as per G.O.Ms.No.75, dated 29.07.2015. It was further contended in the counter that the Special Officer of the 3rd respondent Gram Panchayat has given no objection certificate for installation of cell tower pursuant to the G.O.Ms.No.75. After passing of resolution No.25, dated 06.12.2019 by the Special Officer, Pagolu Village, the 4th respondent installed the cell tower outside of the village.

Eventually, prayed to dismiss the writ petition.

4. Heard Sri Ghantasala Udaya Bhaskar, learned counsel for the petitioner, learned Government Pleader for Panchayat Raj appearing for the respondents 1 and 2, Ms.Rosy, learned counsel representing Sri N.Srihari, learned Standing Counsel appearing for the 3rd respondent, and Sri R.Sudhakar, learned counsel representing Sri T.D.Phani Kumar, learned counsel for the 4th respondent.

5. Learned counsel for the petitioner reiterated the contentions as per the averments made in the writ affidavit.

6. Learned Assistant Government Pleader appearing for respondent Nos.1 and 2 would submit that the Government of Andhra Pradesh issued G.O.Ms.No.334, whereby Rules were framed i.e. The Andhra Pradesh Gram Panchayat (Erection of Telecommunication Towers) Rules, 2012.

7. Learned Standing Counsel reiterated the contentions as per the averments made in the counter-affidavit filed on behalf of respondent No.3.

8. It is not out of place to mention that the Government of Andhra Pradesh issued G.O.Ms.No.334 of Panchayat Raj and Rural Development (Pts.IV) Department dated 09.10.2012, whereby Rules were framed relating to erection of cell towers i.e. The Andhra Pradesh Gram Panchayat (Erection of Telecommunication Towers) Rules, 2012 (for short „the Rules‟).

9. As per Rule 2 of the Rules, every service provider or an applicant shall obtain necessary preliminary approval from the Executive Authority of Gram Panchayat concerned, before erecting telecommunication towers and structures.

10. As per Rule 3 of the Rules, every application made by the Telecom Company shall be scrutinized by the Executive Authority of Gram Panchayat in two (02) stages. The Executive Authority of Gram Panchayat shall issue preliminary license called „Temporary permit‟ to those telecom companies on fulfilling the site norms. No public road shall be used for erection of telecom structures. The Gram Panchayat may collect fee of Rs.1,000/- along with the application for grant of temporary permit. After completion of erection or installation work, the applicant should obtain and furnish a structural stability certificate to the Gram Panchayat, issued by a qualified Structural Engineer. The Gram Panchayat will levy installation and license renewal fee. Apart from the installation and lice