Jiban Chatterjee v. Durgapur Municipal Corp. & ORS.

Sl. No.19 18.07.2022 Court No.24 B.M.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 16683 of 2019 Jiban Chatterjee

Versus

Durgapur Municipal Corporation & Ors.

Mr. P. K. Pakrashi Mr. P. Das ... for the petitioner Mr. Tapas Kumar Adhikari ... for the State Mr. Sandipan Banerjee Mr. Sobham Majumder ... for the Durgapur Municipal Corporation The petitioner is aggrieved by the act of Reliance Jio Infratel Pvt. Ltd. in not installing mobile tower in the premises of the petitioner.

Report has been filed by the Durgapur Municipal Corporation, wherefrom it appears that the Commissioner of Durgapur Municipal Corporation by a communication dated 1st October, 2019 addressed to the service provider requested the Company to immediately take steps for installation of the proposed tower.

It appears that Corporation is not standing in the way of the service provider to install tower at the premises of the petitioner.

As it appears that there is no inaction on the part of the Corporation, accordingly, no order is required to be passed in the present writ petition.

It will be open for the petitioner to approach the appropriate forum for necessary relief, is so advised. Learned advocate on record of the petitioner is granted leave to correct the description of the respondent no.6 in the cause title of the writ petition. Report filed in the form of an affidavit by the Durgapur Municipal Corporation is taken on record. The writ petition is disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)