ORDER

The petitioner, company has installed mobile tower at Alishan Center situated near Alpana Talkies, Bhopal after obtaining NOC dated 8.3.2003 from the Municipal Corporation, Bhopal.

2. As per petitioner, the owner of the building Alishan Center failed to pay the property tax to Municipal Corporation, Bhopal and consequently Municipal Corporation, Bhopal has attached the entire building on 8.2.2023, however, the employees/representatives of the petitioner/company were permitted access to the mobile tower for the purpose of maintaining the same.

3. Learned counsel for the petitioner submits that through the mobile tower installed at Alishan Center, petitioner/company is providing wireline/wireless DATA access services in the entire area and for the purpose of maintaining the network, it is essential to permit employees/representatives of the petitioner/company to access the mobile tower, which is situated at the terrace of building.

4. Learned counsel for the petitioner submits that though Municipal Corporation, Bhopal permitted access to the representatives of the petitioner/company for maintaining the tower earlier but since 11.4.2024 without any communication, the representatives of company have been stopped from visiting site of tower for the purpose of maintaining the same. The petitioner/company submitted a representation on 22.4.2024 to allow the access immediately, but the same has not been decided till now. He submits that due to aforesaid condition, the petitioner/company will not be able to maintain the tower and the mobile services will be affected adversely. Since mobile tower is being operated by electricity and battery back up, it requires time to time management and if no access is allowed, public at large will face the network problem.

5. Considering the fact that mobile tower was installed with the permission of Corporation at the terrace of the building Alishan Center and the same requires continuous maintenance, the present petition is disposed of with a direction to Commissioner, Municipal Corporation Bhopal to decide the representation submitted by the petitioner/company on 22.4.2024 expeditiously preferably within seven days from the date of receipt of copy of this order and in the meanwhile, the employees/representatives of petitioner/company will be permitted to carry out the operation and maintenance activities of mobile tower installed at the Alishan Center.

6. With the aforesaid, the writ petition is disposed of. 7. C.C. as per rules in course of the day. (VINAY SARAF) JUDGE P/-