- 1 - NC: 2025:KHC:2765 WP No. 6039 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6039 OF 2017 (LB-BMP) BETWEEN: 1. M GOPALA GOWDA S/O MUDDAIAH, AGED ABOUT 44 YEARS, R/A NO.3859, 4TH CROSS, SUBRAMANYANAGARA, B BLOCK, RAJAJINAGAR, BANGALORE-560021 …PETITIONER (BY Ms. CHANDANA.S., ADVOCATE ALONG WITH SRI. NISHANTH A V., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT. VIKASA SOUHA, BENGALURU-560001 REPRESENTED BY ITS SECRETARY 2. BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU-560002 REPRESENTED BY ITS COMMISSIONER 3. ASSISTANT EXECUTIVE ENGINEER MALLESHWARAM SUB-DIVISION, BBMP 11TH CROSS, EAST PARK ROAD, MALEESHWARAM, BANGALORE-560003 4. ASSISTANT ENGINEER MALLESHWARAM SUB-DIVISION, BBMP 11TH CROSS, EAST PARK ROAD, MALEESHWARAM, BANGALORE-560003 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2765 WP No. 6039 of 2017 5. ATC TELECOM TOWER CORPORTION PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 64, 5TH FLOOR, SECTOR 44, GURGON-122003 ALSO AT 309, VENKATESH COMPLEX, IST FLOOR, INDIRANAGAR, BENGALURU-560038 …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA., AGA FOR R-1; SRI. A.JAGANATH., ADVOCATE FOR R-2 TO R-4; R-5 SERVED AND UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO SET ASIDE THE NOTICE DATED 24.1.2017 ISSUED BY R-3 VIDE ANNEXURE-M AND GRNAT AN INTERIM ORDER TO STAY THE OPERATION OF THE NOTICE DATED:24.1.2017 VIDE ANNEXURE-M ISSUED BY R-3 & 4 PENDING DISPOSAL OF THE PRESENT W.P. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is challenging the communication dated 24.01.2017 which reads as follows: “ಬೃಹ ೆಂಗಳರು ಮಾನಗರ ಾೆ ¸ÀASÉå: ¸À.PÁ.¤.C(ªÀÄ)¦Dgï/205/2016-17 ¸ÀºÁAiÀÄPÀ PÁAiÀÄð¤ªÁðºÀPÀ C©üAiÀÄAvÀgÀgÀ PÀbÉÃj, ಮೇಶರಂ ಉಪ ಾಗ, ಎಂ , 11!ೇ ಾ"#, ಈ#% ಾ&' ರ(ೆ), ಮೇಶರಂ ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ:24.1.17 - 3 - NC: 2025:KHC:2765 WP No. 6039 of 2017 UÉ, ²æà JA. UÉÆÃ¥Á® UËqÀ, £ÀA 51(ºÀ¼Éà ¸ÀASÉå:3859), 4£Éà CqÀØgÀ¸ÉÛ, © ¨ÁèPï, ¸ÀħæªÀÄtå£ÀUÀgÀ, ¨ÉAUÀ¼ÀÆgÀÄ. ªÀiÁ£ÀågÉÃ, ಷಯ: ಆನ-ಕೃತ0ಾ1 2ೈ4 ಟವ7 ಅಳವ9ರು:)ರುವ ಬ;ೆ<, ಉೇಖ: (ಾವ'ಜ?ಕರ ದೂರು ಅB' C!ಾಂಕ:03/01/2017 **** Dೕನ ಷಯೆE ಸಂಬಂ-GದಂHೆ, 0ಾI' ಸಂJೆK:66-ಸುಬ"ಮಣKನಗರ 0ಾK )ಯ ಸುಬ"ಮಣKನಗರ, ಾ&, 4!ೇ ಅಡNರ(ೆ), ಸ:)ನ ಸಂJೆK: 51 (ಹOೇ ಸಂJೆK:3859)ರ HಾವP ಅನ-ಕೃತ0ಾ1 2ೈ4 ಟವgï£ÀÄß ಅಳವ9ಸು:)ರುHಾ)Qೆ ಾಗೂ ಅಕEಪಕEದ ?0ಾGಗR;ೆ ತುಂಾ HೊಂದQೆಯುಂSಾಗುತ)Tೆಂದು ಉೇಖದ UೕHಾK (ಾವ'ಜ?ಕರು C!ಾಂಕ:03/01/2017ರಂದು ದೂರು ?ೕ9ದುV, ಅದರಂHೆ ಸದU ಸWಳವನುX ಪUYೕಸಾ1 HಾವPಗಳZ ಕಟ%ಡದ Dೕಾ[ಗದ 2ೈ4 ಟವ7 ಅಳವ9ಸು:)ರುವPದು ಕಂಡುಬಂCರುತ)Tೆ. ಆದVUಂದ ಸದU 2ೈ4 ಟವ7 ಅಳವ9ಸಲು ಬೃಹ ೆಂಗಳರು ಮಾನಗರ ಾೆ]ಂದ ಪ^ೆCರುವ ಅನುಮ: ಪತ"ವನುX ಾಗೂ ಅ?XತQೇ TಾಖೆಗಳನುX ತುHಾ'1 ಸಸಲು ಸೂ_ಸಾ1Tೆ. ತ `ದV HಾವPಗಳZ ಆನ-ಕೃತ0ಾ1 ಟವ7 ಅಳವ9ಸು:)ರು:)Qೆಂದು ೆ.ಎಂ.G. ಾaVಯನಯ ಕ"ಮ ಜರು1ಸಾಗುವPದು. ¸ÀºÁAiÀÄPÀ C©üAiÀÄAvÀgÀgÀÄ, ªÁqïð ¸ÀASÉå:66-¸ÀħæªÀÄtå£ÀUÀgÀ. ¸ÀºÁAiÀÄPÀ PÀAiÀÄð¤ªÁðºÀPÀ C©üAiÀÄAvÀgÀgÀÄ, ಮೇಶರಂ ಉಪ-ಾಗ, ಬೃಹ ೆಂಗಳರು ಮಾನಗರ ಾೆ.” 2. As could be seen from the above, it is the case of the BBMP that the petitioner had erected a telecom tower and the BBMP was receiving complaints and therefore, he was required to produce documents to indicate that the BBMP had granted him permission to erect the telecom tower. - 4 - NC: 2025:KHC:2765 WP No. 6039 of 2017 3. It is the case of the petitioner that the petitioner was approached by the 5th respondent for erecting telecom tower and he had agreed for the same and a Lease Deed as per Annexure-H dated 04.11.2016 has been entered into. Pursuant to said Lease Deed, the 5th respondent and the petitioner had submitted an application dated 08.11.2016 along with necessary documents seeking permission to BBMP for erection of telecom tower. 4. It is also pertinent to state here that the 5th respondent had also submitted another letter dated 11.01.2017 enclosing six documents which, according to it, were necessary to be produced as per the D.O. letter dated 08.08.2013 issued by the Ministry of Communication and Information Technology. 5. From the above facts, it is clear that though the petitioner through the 5th respondent, who was a lessee, had sought for grant of permission to BBMP - 5 - NC: 2025:KHC:2765 WP No. 6039 of 2017 for erection of telecom tower, the BBMP has issued the impugned communication dated 24.01.2017 vide Annexure-M without considering the request of the petitioner. The impugned communication - Annexure-M is therefore quashed and the BBMP is directed to consider the request of the petitioner and the 5th respondent made on 08.11.2016 and pass appropriate orders. 6. Since the petitioner had the benefit of interim order granted by this Court on 15.02.2017 during the pendency of the writ petition, the same shall enure to his benefit till the disposal of the petitioner’s as well as the 5th respondent’s request by the BBMP. 7. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS, List No.: 1 Sl No.: 0