IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE SIXTH DAY OF JUNE TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15486 of 2014 Between:
M/s. Indus Towers Limited, 3rd Floor, USHA 36, Jubilee Town, Road No.36, Jubilee Hills, Hyderabad, Rep. by its authorized signatory .. Petitioner AND Secunderabad Cantonment Board, Rep. by its Chief Executive Officer, Secunderabad.
.. Respondent AND WRIT PETITION No.15498 of 2014 Between:
M/s. VIOM Networks Limited, (Formerly known as Wireless-TT Info Services Limited) IV Floor, Gowra Plaza, Begumpet, Hyderabad, Rep. by its Assistant Manager – Legal.
.. Petitioner AND Secunderabad Cantonment Board, Rep. by its Chief Executive Officer, Secunderabad.
.. Respondent The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.15486 & 15498 of 2014 COMMON ORDER:
The petitioner companies are authorized to provide telecom infrastructure. All the existing telecom infrastructure towers already erected by the telecom operators were transferred to the petitioner companies and the petitioner companies are maintaining the telecom towers. Several such towers were erected on the buildings within the jurisdiction of Secunderabad Cantonment Board (respondent Board). The respondent Board having noticed that without obtaining prior permission, as warranted by law, the owner of the building permitted erection of telecom towers and, therefore, issued individual notices to the owners of the buildings. Alarmed by the notices issued to the individual owners, where petitioners erected telecom towers and any action taken in pursuant to the notices issued would adversely affect the towers established by the petitioners, the petitioner companies volunteered to submit detailed representations on 14.02.2014 to the respondent Board pointing out various legal provisions which mitigate against issuance of such show cause notices and explaining the statutory frame work within which the petitioner companies are operating the telecom towers.
2. Learned Senior Counsel appearing for the petitioners, Sri G. Rama Rao, submits that even though detailed representations are submitted on 14.02.2014, since original show cause notices were not issued to them there is a possibility of the respondent Board not considering the representations submitted by the petitioner companies and on the contrary taking coercive action as a consequent to the show cause notices issued on 21.01.2014. There are reports in the print media to that effect. Hence, this writ petition.
3. Learned Standing Counsel representing the respondent Board submits that so far no decision is taken by the respondent Board and that the representations submitted by the petitioner companies will also be considered by the respondent Board before taking a decision.
4. Having regard to the submissions made, the Writ Petition is disposed of, without expressing any opinion on merits, directing the respondent Board to take into consideration the explanation submitted by the petitioner companies on 14.02.2014 in addition to the individual explanation that may have been submitted by the owners of the buildings on whom show cause notices were issued on 21.01.2014, examine the contentions urged and pass a reasoned order and communicate the same to the petitioner companies also within a period of four (4) weeks. Until a final decision is taken, the respondent Board shall not take any coercive steps against the petitioner companies. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
Date: 6th June, 2014 KL P.NAVEEN RAO, J HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.15486 & 15498 of 2014 Date: 6th June, 2014 KL