[2024:RJ-JP:49171-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition (PIL) No. 18040/2024
Umeed Sewa Sansthan, Non- Governmental Organization,
Registered At Chamber No. 201, Laxminath Tower, Infront Of
Police Control Room, Sikar, Through Its Chairman, Rakesh Kumar
Dhukiya S/o Harphool Singh, Aged About 34 Years, R/o Plot No.
220, Kheri Dhukiya, Bhuma Bara, Sikar, Raj.- 332318,
----Petitioner
Versus
1. State Of Rajasthan, Through Additional Chief Secretary
Department Of Local Self Bodies, Govt. Of Rajasthan,
Govt. Secretariat, Jaipur, Rajasthan.
2. Principal Secretary, Department Of Urban Development
And Housing, Govt. Of Rajasthan, Govt. Secretariat,
Jaipur, Rajasthan.
3. Commissioner, Jaipur Municipal Corporation Greater,
Jaipur, Rajasthan.
4. District Collector, Collectorate Campus, Madho Singh
Road, Bani Park, District Jaipur, Rajasthan.
5. Kanta W/o Babulal, R/o House No. 1, Mahadev Nagar,
Vishnupuri, Naiyon Ki Bagichi, Malviya Nagar, Jaipur.
6. Bharti Airtel Limited, Through Its Authorised Signatory,
Jaipur Circle, K-21, Sunny House, Malviya Marg, C-
Scheme, Jaipur- 302001, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Harendar Neel, Adv., with
Ms. Raj Bala, Adv.
For Respondent(s) : Mr. G.S. Gill, AAG, with
Ms. Shikha Sharma, Adv.
HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
29/11/2024
PIL has been filed by the petitioner on the allegation that
installation of mobile tower by respondent No.6 is contrary to
[2024:RJ-JP:49171-DB] [CW-18040/2024]
(2 of 2)
order dated 15.09.2015 of the Government of Rajasthan in the
matter of erection of mobile towers. It is submitted that
representations have been made to the local body which granted
permission. The representation annexed along with the petition
show that the representations are being made from 27.09.2024 by
residents of the area, school authorities, schools, school
administrations, colleges etc.
Considering that representations have been made only
recently, we are not inclined to keep this petition pending. The
representation which have been made to respondent No.3
Commissioner, Jaipur Municipal Corporation Greater is required to
examine the complaints through representation in the light of the
Government order and other applicable laws in the matter of
regulating erection of mobile tower and the decision should also
be taken on the same as early as possible after affording an
opportunity of hearing to the concerned agency who has erected
mobile tower namely, respondent No.6 Bharti Airtel Limited.
With the aforesaid direction, the petition at this state is
disposed of though with liberty to revive in case no decision is
taken by the respondent No.3 within a period of two months from
the date of receipt of the copy of this order.
(UMA SHANKER VYAS),J (MANINDRA MOHAN SHRIVASTAVA),CJ
F.R. Bohra, Danish/13