IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.43995 OF 2014 (GM-RES) BETWEEN:
MR. JASI PHIROZ KAPADIA, S/O. LATE. SHRI. PHIROZ M. KAPADIA, AGED ABOUT 45 YEARS, R/AT T-01, 3RD FLOOR, CRESCENT EXCELSIOR APARTMENTS, NO.114, 1ST CROSS, CBI ROAD, GANGANAGAR, BENGALURU-560 032. ... PETITIONER (BY SRI. R. RAMANJANAPPA, ADV., FOR SMT. R. MANJULADEVI, ADV.,) AND:
1. UNION OF INDIA, DEPARTMENT OF TELECOMMUNICATION, NO.109, 1ST FLOOR, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI-110 001, REPRESENTED BY ITS SECRETARY.
2. THE STATE OF KARNATAKA, DEPARTMENT OF HEALTH AND FAMILY WELFARE, NO.105, 1ST FLOOR, VIKASA SOUDHA, BENGALURU-560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. BRUHATH BANGALORE MAHANAGARA PALIKE, CORPORATION BUILDING, HUDSON CIRCLE, BENGALURU-560 001, REPRESENTED BY ITS COMMISSIONER.
4. THE STATION HOUSE OFFICER, R.T. NAGAR POLICE STATION, R.T. NAGAR-560 032.
5. M/s. INDUS TOWERS, NO.12, TOWER-D, 7TH FLOOR, SUBRAMANYA ARCADE, BANNERGATTA ROAD, BENGALURU-560 083, REPRESENTED BY ITS MANAGER 6. SRI. MAZHERULLA KHAN ASIF AGED ABOUT 75 YEARS, S/O. LATE MR. HAFIZULLA KHAN, NO.36, 10TH CROSS, C.B.I. ROAD, GANGANAGAR, R.T. NAGAR POST, BENGALURU-560 032. ... RESPONDENTS (BY SRI. C. SHASHIKANTH, ADV., FOR R1 - ABSENT; R2 – SERVED AND UNREPRESENTED;
M/s. HARANAHALLI LAW PARTNERS, LLP FOR R3 - ABSENT; R4-SERVED AND UNREPRESETNED SRI GURURAJ, D.H. ADV., FOR R5 SRI B.J. MAHESH, ADV., FOR R6 - ABSENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE MOBILE/TELECOM TOWERS AND ALL OTHER EQUIPMENTS INSTALLED/ERECTED/CONSTRUCTED BY R-5 AND 6 IN NO.36, 10TH CROSS, C.B.I. ROAD, GANGANAGAR, R.T.NAGAR POST, BENGALURU-560 032, OF R-6 ARE ILLEGAL, UNAUTHORIZED AND CONTRARY TO LAW.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. R.Ramanjanappa, learned Counsel for the petitioner.
Mr. D.H. Gururaj, learned Counsel for respondent No.5.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition, petitioner inter alia praying for the following reliefs:
a) Restrain the respondents 5 and 6 from operating or in any manner activating the mobile/telecom towers and equipment installed in premises No.36, 10th Cross, C.B.I. Road, Ganganagar, R.T.Nagar Post, Bangalore- 560 032; and b) Restrain the respondents 5 and 6 from installing / erecting / constructing additional mobile / telecom towers and equipment in premises No.36, 10th Cross, C.B.I. Road, Ganganagar, R.T.Nagar Post, Bangalore- 560 032.
3. When the matter is taken up today, learned counsel for respondent Nos.5 and 6 submitted that the respondent Nos.5 and 6 have already erected the mobile towers and therefore nothing survive for adjudication in this petition.
4. The aforesaid statement is taken on record.
This writ petition is pending before this Court since from 2014, in which, no interim order has been passed.
5. Respondent Nos.5 and 6 have already erected mobile towers. The relief as prayed for by the petitioner cannot be granted in this petition. However, writ petition is disposed of with a liberty to take such remedy as may be available to the petitioner under the law. Accordingly, the petition is disposed of.
Sd/- JUDGE cp*