Kerala Villagers Approach High Court Alleging Illegal Construction Of Telecom Tower In Environmentally Hazardous Area

The residents of Athavanad Grama Panchayat, Malappuram, have approached the Kerala High Court against alleged illegal construction of a telecommunication tower in the environmentally high hazard hilly terrain area, Nellithada Kunnu, without permission from the Secretary of the Panchayat. 

Single Judge Bench of Justice Bechu Kurian Thomas on Friday sought response of the respondent State authorities. 

The petitioners alleged that the construction of the telecommunication tower in the environmentally hazardous area had commenced without any permission being obtained from the Panchayat. 

They averred that when they approached the local authorities with representations stating the possible dangers that could befall the lives of the residents of the area due to such construction, the Panchayat informed them that as per the Kerala Building Amendment Rules, 2023 ('Rules, 2023'), it was only required to be informed about the construction of a telecommunication tower, and that no building permit was necessary for the same. 

The petitioners thus submit that there is no provision in the Rules, 2023, for the supervision and regulation of the construction of the telecommunication tower by the Panchayat. They averred that the Rules exempted the mandatory statutory provision of obtaining a permit for the construction of telecommunication towers and such structures by inclusion of such structures in Rule 8 of the Kerala Panchayat Building Rules which exempt permission. 

"A mere submission of the intimation in the prescribed format gives such person a right to proceed with commencement of the work without any verification or scrutiny by the concerned Panchayat," the petitioners state. 

Additionally, the petitioners also submitted that there is no provision in the Rules which permits the Secretary to reject an application of intimation for non-compliance of the requirements in the Rules, 2023.

The petitioners thus alleged that the Rules, 2023 was manifestly contrary to the specific provisions in the Kerala Panchayat Raj Act, 1994 ('Act, 1994'), to the extent that it exempts obtaining requisite permission for the construction of telecommunication towers, and seek the same to be declared as ultra vires to the Act to that extent. 

They further seek a declaration that the erection of the telecommunication tower ought to be permitted subject to the compliance of the prescribed Rules in connection with the Act, 1994. 

The matter has been posted for further consideration on December 18, 2023. 

The plea has been moved through Advocates P.A. Mohammed Shah, Renoy Vincent, Shahir Showkath Ali, Chelson Chembarathy, Abee Shejirik Fasla N.K., Muhamed Junaid V., Adith Krishnan U., Fathima Afeeda P., Nabeel Shah Ibrahim, Shibu V.M., and Ayisha T.S. 

Case Title: Jasar K.P. & Ors. v. State of Kerala & Ors. 

Case Number: WP(C) NO. 39105 OF 2023

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