HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.33136 of 2010 DATE: 02.06.2014 Between:
M/s ACME Telecom Assets Limited, rep. by its Circle-Head, Secunderabad ... Petitioner And The State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration & Urban Development (M) Department, Hyderabad & others … Respondents The Court made the following:
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.33136 of 2010 ORDER:
This writ petition was filed seeking direction to declare G.O.Ms.No.183, Municipal Administration and urban Development (M) Department, Dated 27.02.2008 in so far as it has directed the applicant/petitioner to fulfill Condition No.(i) viz., the applicant shall obtain necessary approval of the air Traffic Controller, airport authority of India; and condition No.(iv) viz., the applicant shall furnish NOC from the surrounding building owners, as illegal and void and direct respondents 2 and 3 to consider the applications submitted by the petitioner for according permission for installing and erecting both Land Based and roof Top Towers without insisting upon the production of the approval of the Air Traffic Controller, Airport Authority of India and NOC from the surrounding building owners.
2. This matter is no longer res integra, as the Division Bench of this Court by order dated 02.01.2013 in WP No.12314 of 2009 & batch, struck down the Condition No.(i) of G.O.Ms.No.183 dated 27.02.2008 and so far as condition No.(iv) is concerned, the Government itself issued G.O.Ms.No.2, Municipal Administration & Urban Development (M1) Department dated 01.01.2013. The Division Bench further stated as follows:
“We further make it clear that if the writ petitioners or any other persons have any other objections other than conditions (i) and (iv) mentioned in G.O. Ms. No.187, dated 27.2.2008, they will be at liberty to take steps in accordance with law before the appropriate forum, if they are so advised.
We further make it clear that if any application has been filed by the Telecom Companies for erection of Cell Tower, in view of this order passed by us today, the authorities shall consider the same without taking into consideration conditions (i) and (iv) of G.O. Ms. No. 183, dated 27.2.2008.
In such of the cases where Telecom Companies are asked to pay the fees as per the existing Rules and if the demand of such fee is challenged either by filing representations or a petition before this Court by the respective Telecom Companies, any fees paid for approval of sanction shall be subject to result of the representation/challenges made by Telecom Companies with respect to the fees demanded.
The writ petitions are accordingly disposed of. No costs.”
In view of the same, the writ petition is disposed of in terms of the orders of the Division Bench as stated above. Pending miscellaneous petitions in this writ petition, if any, shall stand dismissed in consequence. No order as to costs.
A. RAMALINGESWARA RAO, J
Date: 02.06.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 0 WRIT PETITION No.33136 of 2010 Date: 02.06.2014 BSS