Rajasthan HC Directs Reliance Jio To Shift 4G Tower Creating Inconvenience To Devotees Visiting Gurudwara Within 2 Months

The plea was filed by Shri Labana Gawaria Sikh Samaj Sewa Samiti, Jodhpur through Its Secretary - Kripal Singh Sodhi.

Essentially, the petitioner sought directions to the respondents to remove/demolish the 4G mobile tower which, as alleged by the petitioner, has been illegally and arbitrarily installed by the respondent No. 5- Reliance Jio Infocom Ltd. in front of the land of petitioner-Society whereby the Gurudwara is open for religious purposes. It was also prayed that -Reliance Jio Infocom Ltd. be restrained from installation of the heavy generator for running the mobile tower in question.

It was also observed by the court that except the erection of the tower, no other attachment including generator can be placed near the tower.

Justice Vinit Kumar Mathur, ordered,

"In such circumstances, the writ petition is disposed of with a direction to the respondent No. 5 to shift the tower from the existing place to 15-20 feets away from the gate of Gurudwara within a period of two months. It is made clear that except the erection of the tower, no other attachment including generator can be placed near the tower."

The above direction was passed after the counsel for the respondents submitted that they are ready and prepared to shift the tower from the existing place to 15-20 feets away from the gate of Gurudwara. It was added that Shifting of the tower will give enough space and way to the devotees to enter the Gurudwara.

Moreover, the court noted that the petitioner did not raise any objection to respondents' submission that it will take about two months to shift the tower from the existing place to 15-20 feets away.

However, the court directed that till the tower is shifted, the Reliance Jio-respondent No. 5 will be free to maintain the operation of the tower.

The counsel for the petitioner submitted that the tower erected by the respondent no. 5 is almost in front of the gate of the petitioner's Gurudwara and is creating inconvenience to all the devotees who are visiting the Gurudwara.

Adv. Karan Joshi appeared for the petitioner, while Adv. Avinash Acharya and Adv. Suniel Purohit appeared for the respondents.

Case Title: Shri Labana Gawaria Sikh Samaj Sewa Samiti v. State Of Rajasthan

Citation: 2022 LiveLaw (Raj) 91