- 1 - NC: 2025:KHC:2764 WP No. 47812 of 2016 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. 47812 OF 2016 (LB-RES) BETWEEN: 1. ATC TELECOM TOWER CORPORATION PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT 404 4TH FLOOR, SKYLINE ICON, NEAR MITTAL INDUSTRIAL ESTATE ANDHERI KURLA ROAD, ANDHERI(EAST) MUMBAI-40059. CIRCLE OFFICE AT:NO.309, SRI VENKATESH COMPLEX IST FLOOR, INDIRANAGAR 100 FEET ROAD, BANGALORE-560038 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR PRAKASH M …PETITIONER (BY SRI. SHIVAKUMAR N., ADVOCATE) AND: 1. THE DIVISIONAL COMMISSIONER MYSURU MAHANAGARA PALIKE THA.RA.SU CIRCLE MYSURU, MYSURU DISTRICT-571001. 2. DEVARAJ URS K S S/O SANJIVA RAJE, AGED MAJOR NO.1178, 11TH MAIN ROAD 3RD STAGE, GOKULAM LAYOUT MYSORE TOWN-571001. …RESPONDENTS (BY SRI. GAURAV G.K., ADVOCATE FOR R-1; R-2 IS SERVED AND UNREPRESENTED) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2764 WP No. 47812 of 2016 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE IMPUGNED NOTICE AT ANNEX-J DTD.8.8.2016 ISSUED BY THE R-1 AND DIRECT THE RESPONDENTS PREVENTING THEM FROM INTERFERING WITH BUSINESS IN SHARING THE INFRASTRUCTURE WITH OTHER TELECOM OPERATORS AND MAINTAINING AND OPERATING THE MOBILE TOWER IN THE SCHEDULE PROPERTY, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. This petition is filed challenging a notice dated 08.08.2016 which reads as follows: “MYSORE MAHANAGARA PALIKE, MYSORE. No:sa,a:va.ka.4:sa.a.01.: : 16-17 Civil Service Centre and Zonel Office, Ta.Ra.Su. Circle, Near Akashavani Yadavgiri,ma,na,pa, Mysore, Dated:8-08-2016. NOTICE Sub: reg. Installation of mobile tower illegally Ref: 1. complaint by the dwellers of 3rd stage, Gokulam layout dated: 13-06-2016 2. Letter of Police Inspector, V.V.Puram Police Station, Mysore City, vide letter No.:V.V/P.S/H- Application/42/2016 dated 27.07.2016 3. Letter dated 276.20016 by the Director, Urban Development, Mysore District, Mysore. 4. This office Notice dated 05.08.2016 ****** - 3 - NC: 2025:KHC:2764 WP No. 47812 of 2016 With reference to the above subject, as per Ref. (1) the residents of the Gokulam 3rd stage, have given complaint to the Deputy Commissioner and as per Ref. (2) to V.V.Puram Police Station regarding the illegal and unauthorized construction of the tower at No.1178, 9A and 10th Main road, 3rd stage Gokulam, Mysore. As per Ref.(3) The Deputy Comissioner has directed to appropriate action. As per Ref.(1) it has been averred that due to the mobile tower the residents and public have been effected by the ultraviolet Rays and noise pollution. And insisted to stop the functioning of the mobile tower. But You have installed the mobile tower by neglecting in this regard. As directed in the above referred letters to remove the said mobile tower, you are hereby directed to remove the mobile tower within 3 days from the date of receipt this letter. Failing which the tower installed above tower will be removed by the Palike and will be held liable to bear all the expenses in this behalf. To be considered as urgent. Zonal Commissioner Civil Service Centre and Zonal Office-04 Mysore mahanagar palike, Mysore To, Sri S. Devaraj aras, No.1178, 9A main road, Gokulam 3rd stage, Mysore.” 2. As could be seen from the contents of said letter, the Mysore City Corporation (MCC) has called upon the petitioner to remove the telecom tower because there has been complaint received from the neighbours. However, the authority under which this - 4 - NC: 2025:KHC:2764 WP No. 47812 of 2016 letter has been issued is not forthcoming. Unless the MCC has expressed the power conferred on it to take action on the telecom towers erected, it would not be permissible for them to issue a notice on the basis of complaints of neighbours. I am therefore of the view that Annexure-J cannot be sustained and is accordingly quashed. 3. However, liberty is reserved to MCC to proceed against the petitioner, if it has violated any provisions of any Act or Rule or Bye-law in this regard. 4. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 0