THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Public Interest Litigation No.302 of 2014
DATED:08.12.2014 Between:
B. Ravi Kumar, Boduppal, Ranga Reddy District. And State of Telangana, Represented by its Principal Secretary, Panchayat Raj Department, Hyderabad and others.
… Petitioner ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Public Interest Litigation No.302 of 2014
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
In this public interest litigation, there are two limbs of the prayer portion. One is erecting of roof top cell tower in a residential colony without obtaining ‘No Objection Certificate’ from the neighbouring household owners. Another is environment hazards.
As far as the first part of the prayer is concerned, we notice that as the law stands today, no such Certificate is required. It was in the book previously. But, now the Government has deleted this portion and it would appear from the document at page-40 of the petition. It reads thus:
Amendment In said conditions of G.O. reference 1st read above, the following condition (iv) shall be deleted.
“The applicant shall furnish NOC from the surrounding building owners, and also from the concerned building owner in case of rooftop installations.”
Therefore, there is no cause of action so to say in relation to the aforesaid prayer portion.
So far as the second part of the prayer is concerned, in the petition, it is casually mentioned that there will be radiation effect. But, there is no document to support the same. Moreover, no complaint has been made to the Pollution Control Board and it has not been even made as party in this matter. It is settled law that in order to issue a writ of mandamus, the Court must be satisfied that proper demand of justice has been made. Therefore, we are not entertaining this Public Interest Litigation. We are closing this matter without passing any order. However, we give liberty to the petitioner to take steps in accordance with law as regards the alleged environment hazards for erection of the cell towers.
Consequently, the miscellaneous applications, if any pending, shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ 8th December, 2014 Pnb SANJAY KUMAR, J