HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

WRIT PETITION No.11949 of 2019

ORDER:

This writ petition is filed seeking a writ of mandamus

declaring the action of respondent No.2, in straight away cancelling

the permission dated 28.06.2019 by issuing endorsement dated

09.07.2019, for erection of new telecommunication tower on the

terrace of building bearing D.No.12-15-10/1/A in Sy.No.84/10 of

Old Port Ward, Nookalamma Street, Near Jagannatha Theatre,

Anakapalle, Visakhapatnam, as illegal and arbitrary.

Petitioner - Company is engaged in the business of providing

Passive

Telecom

site

Infrastructure

Service

termed

as

“Infrastructure Service” to Cellular mobile telephony operators in

India; they identified the terrace of the subject building and entered

into lease deed with the owner of property; they made application

dated 21.06.2019 to respondent No.1 by complying with all the

requirements

as

per

G.O.Ms.No.146

dated

19.06.2015;

by

endorsement

dated

28.06.2019,

respondent

No.1

accorded

permission, and they commenced erection of tower; and, by the

impugned endorsement dated 09.07.2019, permission accorded for

erecting cell tower in the subject building was cancelled stating

that the people in the surrounding area are objecting on the ground

of public health.

Learned Counsel for the petitioner would contend that the

impugned endorsement, cancelling the permission for erection of

cell tower, has been passed without giving notice to the petitioner;

the Commissioner has got power to revoke cancellation under

Section 450 of the Greater Hyderabad Municipal Corporation Act,

1955 only if the permission is obtained by misrepresentation; and,

if the residents of the locality have any grievance, then the

competent authority is Telecom Enforcement and Resource

Monitoring (TERM) cell of Department of Telecommunication,

Government of India and any citizen can approach the said TERM

cell of DOT as per guidelines dated 03.08.2013.

Sri S.Laxminarayana Reddy, learned Standing Counsel for

respondent - Visakhapatnam Municipal Corporation, would submit

that notice would be issued to the petitioner, and appropriate

action would be taken in accordance with law.

In view of the same, as the impugned endorsement dated

09.07.2019 was issued without any notice to the petitioner -

Company, it is set aside. However, respondents are at liberty to

take appropriate action, in accordance with law, if the petitioner

violates any terms of the permission.

The Writ Petition is, accordingly, allowed. No order as to

costs.

As a sequel thereto, the miscellaneous petitions, if any,

pending in this Writ Petition shall stand closed.

________________________________

KONGARA VIJAYA LAKSHMI, J

Date:26.08.2019

usd