Court No. - 29
Case :- WRIT - C No. - 14834 of 2018 Petitioner :- Peer Mohammad Respondent :- Union Of India And 6 Others Counsel for Petitioner :- Mohd. Washi Uddin Faridi Counsel for Respondent :- A.S.G.I.,C.S.C.,Vivek Verma
Hon'ble Govind Mathur,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner, learned standing counsel for the State-respondents and perused the material available on record.
This petition for writ is preferred before us to have directions for the respondents no.1 to 4 to restrain the respondents no.5 to 7 from erecting mobile tower over the roof top of the house no.130 / 577, situated at Bakarganj, Kanpur Nagar.
As per the petitioner, the respondents no.5 to 7 are not adhering bylaws framed under Section 57 of the U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as the Act of 1973) for installing mobile towers.
It is further submitted that the respondents have also not followed the norms required to be adhered while setting up a mobile tower, as prescribed under the guidelines given by the State of Uttar Pradesh.
No details have been given as to how the bylaws have been violated. As a matter of fact no bylaws have also been annexed with the petition for writ, which are said to be made under the provisions of Section 57 of the Act of 1973. No details are given in the entire petition as to how the guidelines, said to be issued by the Government of Uttar Pradesh, have not been adhered. In the absence of these necessary details, we are not inclined to interfere with the instant matter.
The writ petition is accordingly dismissed.
Order Date :- 24.4.2018 pk (Jayant Banerji,J.) (Govind Mathur,J.)