The police have a duty to provide assistance in installing telecommunications infrastructure when necessary to protect the public interest.

Headnote:
Fact of the Case:

The Petitioner, a telecommunications company, sought a writ of mandamus to compel the police to provide assistance in installing a ground-based monopole for transmitting telecommunication signals. The Petitioner had obtained permission from the Municipal Corporation of Delhi (MCD) to install the monopole but faced interference from the Residential Welfare Society.
Finding of the Court:

The court directed the police to provide adequate protection to the Petitioner for installing the ground-based monopole.
Issues: Whether the police are obligated to provide assistance in installing telecommunications infrastructure.
Ratio Decidendi: The court held that the police have a duty to provide assistance in installing telecommunications infrastructure when necessary to protect the public interest.
Final Decision: The court disposed of the writ petition and directed the police to provide assistance to the Petitioner in installing the ground-based monopole.

ORDER

% 04.03.2024

1. The Petitioner has approached this Court with the following prayers:

“a) pass writ of mandamus or any other appropriate writ, order or directions thereby directing the respondents No.1 and 2 to provide police assistance/force to the petitioner company for installing ground based monopole near MCD Dustbin, Navjiwan Vihar, Malviya Nagar, South Delhi, New Delhi for propagating and transmitting telecommunication signals of various telecom operators;

b) award cost of the present writ petition (civil) in favour of petitioner company and against the respondents; and c) issue any other or further appropriate writ(s), order(s) or direction(s) as this Hon'ble Court deem fit

2. It is the case of the Petitioner that the Petitioner has already been permitted by the MCD vide Permission Letter dated 06.09.2023 for installing a ground based monopole near MCD Dustbin, Navjiwan Vihar, Malviya Nagar, South Delhi, New Delhi to propagate telecom signals. It is stated that the Petitioner has not been able to install the ground based monopole because of the constant interference from the Residential Welfare Society. The Petitioner has, therefore, approached this Court for a direction to police authorities for grant of protection.

3. The matter was listed on 28.02.2024 and the learned Counsel appearing for Respondent Nos.1 and 2 sought time to seek instructions.

4. Today, learned Counsel appearing for Respondent Nos.1 and 2 states that adequate police protection will be provided to the Petitioner for installing the ground based monopole.

5. In view of the above, the Petitioner is directed to go to the site on 11.03.2024 at 10:00 AM. The Respondents shall provide all police assistance to enable the Petitioner to carry out the work.

6. With these observations, the writ petition is disposed of, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J MARCH 4, 2024 S. Zakir

Click Here to Read the rest of this document