M/S. Atc Telecom Tower Corporation Private Limited, v. The Greater Hyderabad Municipal Corporation,

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3761 of 2016 08.02.2016 Between:

M/s.ATC Telecom Tower Construction Private Limited, Secunderabad .. Petitioner and The Greater Hyderabad Municipal Corporation, Hyderabad and others .. Respondents Counsel for the petitioner: Mr.Ghanta Rama Rao, senior counsel for Mr.Mohd.Islamuddin Ansari Counsel for the respondents: -- The Court made the following:

ORDER:

The petitioner, which has obtained permission for erection of ground based communication tower in survey No.157-A to F, Ramanthapur Kalan Village, Uppal, Ranga Reddy District, Hyderabad, filed this writ petition, feeling aggrieved by the action of the lower rung officials of respondent No.1 in causing interference with the erection of tower on the purported ground that local people have agitated against such erection.

The petitioner has made a detailed representation to the Commissioner of respondent No.1 on 29.01.2016, as to the manner in which respondent No.3 as well as his subordinates have been insisting on it not to proceed with the erection of tower. After hearing the learned counsel representing Mr.Pasham Krishna Reddy, learned standing counsel for the Greater Hyderabad Municipal Corporation (GHMC) appearing for the respondents, this Court is of the opinion that the respondents cannot interfere with the erection of tower by the petitioner so long as the permission granted to it remained in force.

Accordingly, the Writ Petition is allowed and the respondents are restrained from interfering with the erection of tower so long as the permission obtained by the petitioner remained in operation. As a sequel to allowing the writ petition, W.P.M.P.No.4802 of 2016 filed by the petitioner for interim relief shall stand disposed of as infructuous.

______________________________ C.V.NAGARJUNA REDDY, J 08th February, 2016 GHN