No Responsibility Or Duty To Run Administration; Can't Issue Mandamus To Shift Mobile Tower To Another Place: Uttarakhand High Court

The Bench of Chief Justice Raghvendra Singh Chauhan and Justice Manoj Kumar Tiwari was hearing the plea filed by one Samay Sharma who moved the court aggrieved with the fact that the Indus Towers Ltd. (respondent no. 5) was given the permission to erect a Mobile Tower in Aaganwadi Campus, Shivlok Colony, Ramnagar, Raipur, Dehradun.

The petitioner's Counsel submitted before the Court the Mobile Tower may adversely affect, not only the children, who will be attending the Aaganwadi Campus, but also others, who resides in the residential area of the colony.

Thus, it was prayed that State of Uttarakhand, District Magistrate, Dehradun, Dehradun Smart City Limited, Mussoorie Dehradun Development Authority and Nagar Nigam, Dehradun should be directed to move the Mobile Tower to some other place.

Court's observations

This Court asked the counsel for the petitioner, if there is any bar, in the law, which prevents a Mobile Tower from being erected and which have been permitted by the respondents to be erected? To this query, the counsel frankly conceded that there is no bar in the law.

In this backdrop, the Court said,

"It is neither the responsibility, nor the duty of this Court to run the administration. Where a Mobile Tower should be erected is a decision that needs to be taken by the respondents themselves. Therefore, no mandamus can be issued to the 3 respondents for shifting the Mobile Tower to another place."

However, the Court gave liberty to the petitioner to file a representation before the respondents and directed them to decide the representation, after giving an opportunity of hearing to the petitioner, and after hearing all his grievances with regard to the erection of the Tower.

The Court also directed the Respondents to pass a reasoned order thereafter.

"Such exercise shall be carried out by the said respondents within three weeks, after receiving of the representation to be filed by the petitioner," said the Court.

With the above direction, the writ petition was disposed of.

Case title - Samay Sharma v. State of Uttarakhand and others [Writ Petition (PIL) No. 14 Of 2021]

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