Deepthisri Residents Welfare Assn. Hyd And 3 Others v. Dy. Commr. Ghmc, Hyd And 2 Others

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN Writ Petition No.13707 of 2010 ORDER:

The relief sought for in this Writ Petition is to restrain the respondents from constructing or erecting any cell tower in government land behind the petitioner complex at Miyapur, Hyderabad; and to direct respondents 1 and 2 to decline permission for construction of the cell tower in the government land behind the petitioner complex.

By order, in WPMP No.17277 of 2010 dated 18.06.2010, interim stay of construction of the cell tower in government land was granted. The said interim order continues to remain in force for the past more than seven years. The respondents have been prohibited from constructing any cell tower in the government land. It is only with the specific approval of the Government and the GHMC, and on fulfillment of the conditions stipulated in G.O.Ms.No.183 dated 27.02.2008, can a cell tower be permitted to be erected. Suffice it, therefore, to dispose of the Writ Petition permitting the third respondent, if they so choose, to seek permission of the Government and the GHMC in accordance with law for a cell tower to be erected in the subject land. Till permission is accorded both by the Government and the GHMC, no cell tower shall be erected in the subject land. The Writ Petition is, accordingly, disposed of.

The Miscellaneous Petitions pending, if any, shall also stand disposed of. No order as to costs.

_________________________________ RAMESH RANGANATHAN, ACJ.

Date:24.11.2017.

cs