Case Note & Summary
The petitioner, Indus Towers Ltd. (formerly Bharti Infratel Ltd.), filed a writ petition before the Bombay High Court challenging Resolution No.7 passed by the respondent Grampanchayat, Chikhalhol, which directed the petitioner to stop further work on the erection of a mobile tower. The Grampanchayat had earlier issued a No Objection Certificate (NOC) dated 30th June 2022 in favor of the petitioner for the erection of the mobile tower. Subsequently, some villagers objected, claiming that radiation from the tower is harmful to health and possibly carcinogenic. Based on these objections, the Grampanchayat passed Resolution No.7 directing the petitioner to stop work. The petitioner argued that the Grampanchayat's role is limited to issuing an NOC under the Government Resolution dated 11th December 2015, and once issued, the Grampanchayat has no further control. The respondents were served but remained absent despite multiple opportunities. The court held that the Grampanchayat's role is confined to issuing the NOC, and there is no provision in the G.R. allowing revocation or stoppage of work. Therefore, the impugned resolution is illegal and without authority. The court allowed the petition, quashed Resolution No.7, and directed the respondents not to interfere with the erection of the mobile tower.
Headnote
A) Gram Panchayat - Mobile Tower - No Objection Certificate - Government Resolution dated 11th December 2015 - The role of the Grampanchayat is confined to issuing a No Objection Certificate under the G.R. dated 11th December 2015. Once such NOC is issued, the Grampanchayat loses control over the erection of the mobile tower. There is no provision in the G.R. empowering the Grampanchayat to revoke the NOC or stop work based on health concerns. (Paras 4-5)
B) Gram Panchayat - Resolution - Ultra Vires - The impugned Resolution No.7 directing stoppage of work is devoid of any authority in law and is illegal, as the Grampanchayat had already issued an NOC dated 30th June 2022. (Para 5)
Issue of Consideration
Whether the respondent-Grampanchayat could have passed a resolution directing the petitioner to stop further work relating to erection of a mobile tower on the ground of health concerns from radiation, after having issued a No Objection Certificate.
Final Decision
The court allowed the petition, quashed Resolution No.7 passed by respondent no.1 Grampanchayat, and directed the respondents not to interfere with the erection of the mobile tower by the petitioner.
Law Points
- Grampanchayat's role limited to issuing No Objection Certificate under Government Resolution dated 11th December 2015
- Once NOC issued
- Grampanchayat loses control over erection of mobile tower
- No provision in G.R. to revoke NOC or stop work based on health concerns
Case Details
2023 LawText (BOM) (07) 63
Writ Petition No.15779 of 2022
Sunil B. Shukre, Rajesh S. Patil
Mr. A.V. Anturkar, Senior Advocate, with Mr. Sugandh B. Deshmukh for the Petitioner
Indus Towers Ltd., Pune (Formerly, Bharti Infratel Ltd., Pune)
Grampanchayat, Chikhalhol, Tal. Khanapur, Dist. Sangli; Sarpanch, Grampanchayat, Chikhalhol; Village Development Officer, Grampanchayat, Chikhalhol
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging a Grampanchayat resolution directing stoppage of mobile tower construction.
Remedy Sought
Petitioner sought quashing of Resolution No.7 and direction to respondents not to interfere with erection of mobile tower.
Filing Reason
Grampanchayat passed Resolution No.7 directing petitioner to stop work on mobile tower after issuing NOC, citing health concerns from radiation.
Previous Decisions
Grampanchayat issued NOC dated 30th June 2022; later passed Resolution No.7 to stop work.
Issues
Whether the Grampanchayat could pass a resolution to stop mobile tower construction after issuing NOC under Government Resolution dated 11th December 2015.
Submissions/Arguments
Petitioner argued that Grampanchayat's role is limited to issuing NOC under G.R. dated 11th December 2015, and once issued, Grampanchayat loses control.
Ratio Decidendi
The Grampanchayat's role in the matter of erection of a mobile tower is confined to issuing a No Objection Certificate under the Government Resolution dated 11th December 2015. Once such NOC is issued, the Grampanchayat loses control over the subject and cannot pass a resolution to stop work, as there is no provision in the G.R. conferring such power.
Judgment Excerpts
The role of the Grampanchayat in the matter of erection of mobile tower in the vicinity of the Grampanchayat, as rightly submitted by learned Senior Advocate for the petitioner, is confined to only issuing of No Objection Certificate in terms of the Government Resolution dated 11th December 2015 and, therefore, we are of the view that if any NOC has been issued by the Grampanchayat, as required under the G.R. dated 11th December 2015, the Grampanchayat loses it’s control over the subject of erection of mobile tower.
There is no provision whatsoever made in the G.R. dated 11th December 2015 conferring any such power upon any Grampanchayat and, therefore, the impugned resolution passed by the Grampanchayat is devoid of any authority in law and as such is illegal.
Procedural History
The writ petition was filed in 2022. On 8th June 2023, the court granted a last chance to respondents and stood over to 3rd July 2023. On 3rd July 2023, the matter was adjourned to 19th July 2023, then to 20th July 2023. On 20th July 2023, the court heard the petitioner and passed final judgment.
Acts & Sections
- Government Resolution dated 11th December 2015:
