Supplementary affidavit filed today be placed on record.
Notice on behalf of respondents 1 and 2 has been accepted by the learned Chief Standing Counsel and on behalf of respondent no. 3 notice has been accepted by Sri Wasiq Uddin Ahmad. Notice on behalf of respondent no. 4 has been accepted by the Assistant Solicitor General of India, Lucknow Bench.
Heard Sri S.K. Kalia, learned Senior Advocate assisted by Sri Manish Kumar, Sri J.N. Mathur, learned Additional Advocate General, and Sri Wasiq Uddin Ahmad. Let the matter be listed on 8.2.2010 as fresh to enable the counsel for the respondents to seek instructions.
Sri S.K. Kalia, learned Senior Advocate says that respondents 5 and 6 may be deleted from the array of parties. Let him do so.
The petitioner's case is that mobile towers cannot be sealed on the ground that it is a commercial use of the land and it does not amount to change of land use whereas Sri J.N. Mathur, on the basis of instructions received, says that in fact the towers are sealed and the same are being sealed because as per the requirement of the policy , the application for permission alongwith necessary documents and certificates has not been furnished by the Mobile companies or the owners of the land/house and the tower erectors and since notices sent, have not been responded to, the aforesaid exercise has been done.
He further says that in case the petitioner or for any other matter, any company or tower erectors or owner of the land/house, where the towers are fixed, approach the Noida Authority with the necessary application in accordance with the prescribed Rules, alongwith necessary certificates, documents and fee etc. the Noida Authority would consider their grievance and if it is found that all formalities have been completed by them, there would be no reason for them for not removing the seal or sealing such tower. Such towers which have been sealed would be allowed to function and seal would be removed within 24 hours. Further in case the required application has already been filed, the said fact may be brought to the notice of the Noida Authority and such towers shall also be allowed to function.
Order Date: 3.2.2010/Vks.