1 2025:CGHC:10494 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 257 of 2019 1 - Tower Vision India Limited A Registered Company Under Companies Act 1956, Having Its Regd Office At L-2a, Hauz Khan Enclave, New Delhi And Circle Office At A-201, Iind Floor, Muskan Residency, Opposite Colors Mall, Near Pachpedi Naka Raipur Chhattisgarh, Through Its Power Of Attorney Holder Shri Shailendra Singh Shinde S/o D.S. Shinde, Aged About 38 Years And Working As Senior Executive (Legal), Having Office At A-201, Iind Floor, Muskan Residency, Opposite Colors Mall, Near Pachpedi Naka, Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Its Principal Secretary, Panchayat And Rural Development Department Mantralaya, Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Director Panchayat And Rural Development Department, Post G.P.O. Police Station Gole Bazar, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Municipal Council Janjgir Naila, District Janjgir Champa, Through Its Chief Municipal Officer, District - Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh. ---- Respondents For Petitioner : Shri Shishir Dixit, Advocate. For Respondents/State : Shri Pramod Shrivastava, Dy. G.A. For Respondent No.3 : Shri H.B. Agrawal, Senior Advocate with Ms. Swati Agrawal, Advocate along with Shri Prahlad Pandey, Chief Municipal Officer, Janjgir Naila, present in person. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 04.03.2025 Digitally signed by SMT NIRMALA RAO -2- 1. Heard on admission. 2. The petitioner has filed this petition seeking the following relief(s):- “a. Quash the notice dated 1.10.2018 issued by the Respondent no. 3. b. Direct the Respondent no. 3 to permit the Petitioner Company to operate mobile tower. c. Kindly grant costs to the Petitioner. d. Kindly grant any other relief that this Honourable Court may deem appropriate; 3. Learned counsel for the petitioner would submit that though the mobile tower for communication has been installed, it has not been allowed to operate on the ground that it causes cancer to the local residents. He placed reliance on the order dated 07.12.2017 passed by the Coordinate Bench of this Court in W.P(C) No.5297 of 2009 (Reliance Infratel Ltd. Vs. State of C.G) and would submit that without any scientific data, the contention that the mobile tower causes cancer due to emission of waves cannot be sustained. He would further submit that the petitioner has been illegally restrained to operate the same though the tower was installed and further, the installation has been stopped by notice dated 01.10.2018 (Annexure P-7). He would pray that the petitioner may be allowed to complete the installation of the tower and be permitted to operate the same. 4. Shri Prahlad Pandey, Chief Municipal Officer would submit that initially, a notice was issued but the mobile tower has already been erected and the same is functioning without any hindrance. He would further submit that the petitioner would be provided sufficient opportunity of hearing, if any action is proposed against it. 3 5. Learned counsel for the intervener would oppose the submissions made by counsel for the petitioner. He would submit that the intervener is a resident of the locality and that radiation from the mobile tower may pose a risk to nearby residents. However, the intervener has not placed any document on record to demonstrate that the mobile towers cause radiation. In the absence of such evidence, I do not find any reason to entertain the intervention applications moved by the intervener. Consequently, the same are hereby rejected. 6. Heard learned counsel for the parties and perused the documents present on the record. 7. Taking into consideration the submissions made by the Chief Municipal Officer, Nagar Palika, Janjgir-Naila, the instant petition is disposed of. 8. Accordingly, the petition is disposed of at the motion stage itself. Sd/- (Rakesh Mohan Pandey) Judge Nimmi