HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION Nos. 27565 OF 2009 AND 2126 OF 2010 DATED 14TH OCTOBER, 2014.
BETWEEN M/s. GTL Infrastructure Limited,, Hyderabad Rep. by its Circle Head ….Petitioner in WP.No.27565 of 2009 M/s.Indus Towers Limited, Hyderabad Rep. by its Circle Head ….Petitioner in WP.No.2126 of 2010 And Greater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Visakhapatnam and ors …Respondents in both WPs.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION Nos. 27565 OF 2009 AND 2126 OF 2010 COMMON ORDER:
These two Writ Petitions are being disposed of by this common order in view of challenge made to Memo No.DIR/O/APEPDCL/VSP/ADE(T)/D.No.06/09, dated 8.4.2009 issued by the Director, Operation, Eastern Power Distribution Company of AP Limited, Visakhapatnam, is common.
The petitioners are infrastructure companies which are engaged in the business of providing cell cite towers/equipments in order to provide mobile coverage to the public at large through various cell site operators in the country. The Government through G.O.Ms.No.183, Municipal Administration and Urban Development (M) Department, dated 27.02.2008 issued revised guide lines in respect of installation of Ground Based Roof Top Towers, Shelters and Antennas etc., by various Telecom Service providers subject to conditions 1 to 4 mentioned therein, which reads as under:
“1. The applicant shall obtain necessary approval of the Air Traffic Controller, Airport Authority of India.
2. The applicant shall take special precaution for fire safety and lightening etc.,.
3. The applicant shall furnish a legally valid undertaking that they are solely responsible for any damage to the building and for public safety.
4. The applicant shall furnish NOC from the surrounding building owners and also from the concerned building owner in case of rooftop installations.”
Insofar as Condition No.1 is concerned, the Central Government itself prescribed forum and procedure for obtaining clearance by the service providers. However, a Division Bench of this Court in Writ Petition Nos. 12314 of 2009 and batch, dated 02.01.2013 struck down Condition No. 1 of the said GO. The Government issued G.O.Ms.No.2, Municipal Administration and Urban Development (M) Department, dated 1.1.2013 deleting Condition Nos. 4 of the said G.O,.Ms.No. 183, dated 27.02.2008. The remaining are Condition Nos. 2 and 3 of the said GO. Condition Nos. 2 and 3 of the said GO do not relate to obtaining of No Objection Certificate from the local body. The impugned circulated issued by the Director of Eastern Power Distribution Company of AP Limited is based on G.O.Ms.No.183, dated 27.02.2008 directing all Superintending Engineers/Operation and Divisional Engineers/ Operation, EPDCL not to release regular power supply connection to the Cell Towers i.e. roof top/land based towers and Antennas unless No Objection Certificate issued by the local body is produced. In the absence of any requirement of obtaining No Objection Certificate from the local body, the Memo dated 8.4.2009 issued by the Director, Operation, Eastern Power Distribution Company of AP Limited, Visakhapatnam is beyond authority. In the circumstances, the impugned Memo No. DIR/O/APEPDCL/VSP/ADE(T)/D.No.06/09, dated 8.4.2009 issued by the Director, Operation, Eastern Power Distribution Company of AP Limited, Visakhapatnam is set aside.
The Writ Petitions are accordingly allowed. Miscellaneous petitions pending consideration if any in the Writ Petitions shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 14TH OCTOBER, 2014.
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