Jaya Sehgal v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-7899-2025 Date of Decision : March 21, 2025 JAYA SEHGAL -PETITIONER V/S STATE OF HARYANA AND OTHERS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Deepak Singh Saini, Advocate with Ms. Vibha Nagar, Advocate for the petitioner.

Mr. Bhupender Singh, D.A.G., Haryana.

*** KULDEEP TIWARI, J. (ORAL) 1.

The petitioner, a sexagenarian lady, who claims herself to be a cancer patient, has filed the instant writ petition for issuance of directions upon the respondent No.2- Deputy Commissioner, Faridabad, to re-examine the issue of grant of N.O.C. for installation of mobile tower in the petitioner's vicinity, inasmuch as, the same is not in accordance with the Guidelines (Annexure P-3) issued by the Department of Telecommunications.

2.

The learned counsel for the petitioner submits that, despite the petitioner making various representations, including the recent one dated 10.03.2025 (Annexure P-6), to the respondent No.2- Deputy Commissioner, Faridabad, for claiming the relief (supra), no decision has yet been made thereon. He further submits that, in the interregnum, the respondent No.3 has even installed the tower, but, it has not yet been DEVINDER YADAV 2025.03.21 13:32 I attest to the accuracy and authenticity of this order/judgment

CWP-7899-2025 made operational.

3.

At this stage, without issuing notice, this Court deems it appropriate to direct the respondent No.2- Deputy Commissioner, Faridabad, to make final decision on the petitioner's representation dated 10.03.2025 (Annexure P-6) within 15 days from today, but, after granting opportunity of hearing to all concerned parties. Till the petitioner's representation (supra) is decided, the respondent No.3 is restrained from making the tower concerned operational.

4.

Disposed of accordingly.

5.

In case, the respondent No.3 has any grievance from the directions (supra) of this Court, the former is at liberty to institute an apt motion for revival of the instant writ petition. 6.

A copy of this order be handed over to the learned State counsel, who is present in the Court, under signatures of Special Secretary of this Court, thereby enabling the respondent No.2 to make the requisite compliance.

(KULDEEP TIWARI) March 21, 2025 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2025.03.21 13:32 I attest to the accuracy and authenticity of this order/judgment