IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.13346 OF 2018 (GM-RES) BETWEEN:
SMT.LAKSHMIDEVAMMA W/O RAJASHEKAR AGED ABOUT 41 YEARS, R/AT NO.107 14TH MAIN ROAD INDIRA COLONY RPC LAYOUT BENGALURU-560 040 … PETITIONER (BY SRI.R.P.SOMASHEKHARAIAH, ADV.) AND:
1. UNION OF INDIA DEPARTMENT OF TELECOMMUNICATIONS MINISTRY OF COMMUNICATIN & INFORMATION TECHNOLONY NEW DELHI-110 001 REP BY THE MANAGING DIRECTOR 2. THE STATE OF KARNATAKA REP BY SECRETARY URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA BENGALURU-560 001 3. THE COMMISSIONER OF POLICE INFANTRY ROAD BANGALORE-560 001 4. DIRECTOR OF MUNICIAL ADMINISTRATION PODIUM BLOCK AMBEDKAR VEEDHI BENGALURU-560 001 REP BY ITS CHIEF SECRETARY 5. THE COMMISSIONER BENGALURU MAHANAGARA PALIKE BENGALURU-560 001 6. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU-560 005 7. THE COMMISSIONER KARNATAKA POLLUTION CONTROL BOARD BENGALURU-560 001 REP BY ITS SECRETARY 8. THE BENGALURU ELECTRICITY SUPPLY & COMMUNICATION CAUVERY BHAVAN, BENGALURU-560 001 REP BY ITS CHAIRMAN 9. THE FIRE FORCE DEPARTMENT ANANDA RAO CIRCLE BENGALURU-560 001 REP BY ITS SECRETARY 10. THE RELIANCE COMMUNICATIONS INFRASTRUCTURE LTD NO.49, KHANIJA BHAVAN RACE COURSE ROAD, BENGALURU-560 001 REP BY ITS MANAGING DIRECTOR 11. TELEIOS INFRATECH INDIA PVT LTD COIMBATORE STATE OF TAMIL NADU REP BY ITS MANAGING DIRECTOR 12. INDUS TOWERS LTD BANNERGHATTA BENGALURU-560 001 REP BY ITS MANAGING DIRECTOR 13. SRI SHIVALINGAIAH NO.26, 14TH MAIN, 8TH F CROSS INDIRA COLONY ATHIGUPPE RPC LAYOUT 2ND STAGE BENGALURU-560040 … RESPONDENTS (BY SRI.Y.D.HARSHA, AGA FOR R-2 to R4, R-6 & R-9; SRI. M.S.NAGARAJ, ADV. FOR R1;
SRI M.V.ANOOP KUMAR, ADV. FOR R5; SRI GURURAJ JOSHI, ADV. FOR R7;
SRI G.C.SHANMUKHA, ADV. FOR R8 & R10; SRI B.J.MAHESH, ADV. FOR R12 & R13; R10 IS SERVED AND UNREPRESENTED;
WP DISMISSED AGAINST R11 V/O DATED:06.02.2019) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-1 TO 9 TO TAKE IMMEDIATE STEPS FOR STOPPING THE INSTALLATION OF MOBILE TOWER ON THE PREMISES OF THE R-13 BY R-10 T0 12 BY CONSIDERING THE REPRESENTATION UNDER ANNEXURE-A TO C DATED:25.01.2018 AND 05.02.2018 IMMEDIATELY AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, the petitioner seeks for a direction to respondent Nos.1 to 9 to take immediate steps for stopping the installation of mobile tower on the premises of respondent No.13 by respondent Nos.10 to 12 by considering the representations under Annexures A to C dated 25.01.2018 and 05.02.2018 immediately.
2. On perusal of the records, I deem it appropriate to dispose of the writ petition with a direction that the competent authority shall consider and decide the representations submitted by petitioner, if not already decided, in accordance with law by a speaking order within a period of four months from the date of receipt of certified copy of the order passed today. Ordered accordingly.
3. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE dn/-