Atc Telecom Infrastructure Private Limited v. The State Of Telangana

Date: 15.12.2020 Between:

ATC Telecom Infrastructure Private Limited (formerly known as ATC Telecom Infrastructure Ltd.,) Having its Regd. Office at 404, 4th Floor, Skyline Icon, Andheri Kurla Road, Andheri East, Mumbai City, Maharashtra, and its Corporate Head office at Plot No.14 A, Sector-18, Maruti Industrial Complex, Gurgaon, and having circule office at D.No.1-8-304307/381/444, 4th Floor, Gowra Plaza, S.P.Road, Begumpet, Secunderabad, rep.by its Circle Head Sri Nomula Prasad.

.....Petitioner And The State of Telangana, rep.by its Prl.Secretary, Home Department, Secretariat, Hyderabad and others.

.....Respondents The Court made the following:

ORDER:

Petitioner-company claims that they obtained all requisite permissions to install Ground Based Cellular Tower upon the land in Sy.No.686 C/B of Bornapalli, Huzurabad, Karimnagar district. When the petitioner-company representatives started construction of cellular tower on 08.03.2020, in accordance with the permission granted to them, the neighbours and locality people started gathering and resisted the representatives of the petitionercompany from proceeding with the establishment of cellular tower alleging that cellular tower in that location would cause radiation affecting their health. Having regard to the opposition from the locality people, petitioner submitted requisition with the Station House Officer (2nd respondent) on 07.05.2020 to provide police aid in undertaking construction in accordance with the permission already obtained by the petitioner-company. Alleging inaction, this writ petition is filed.

2.

Learned counsel for petitioner placed reliance on several directions issued by this Court and also orders issued directing the Subordinate Police Officers to provide protection whenever a request is made for installation of cellular towers. 3.

However, learned Government Pleader submits that representation was made long ago and if a fresh representation is made indicating the date and time of undertaking construction work and if the construction work is taken up during the day time, Police would provide protection.

4.

Having regard to the same, Writ Petition is disposed of, directing the 2nd respondent to provide police aid for erection of cellular tower, if a fresh requisition is made by the petitioner indicating the date and time of commencement of construction work and with an undertaking to undertake construction only during the day time. Pending miscellaneous petitions shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO Date: 15.12.2020 Kkm

Date: 15.12.2020 kkm