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2025 DAILYLAW 91351 (ALL)

MOHD SHAQIB AND ANOTHER v. STATE OF U.P. AND 6 OTHERS

WPIL/2615/2025 · 2025-09-10

Arun Bhansali, Kshitij Shailendra

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2615 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This petition, purportedly in public interest, has been filed seeking a restraint against respondent nos. 6 and 7 from installing or operating the proposed second mobile tower in ADA Colony, Shahjamal, Shanti Niketan, Mayawati Quarters, District Aligarh. 2. Submissions have been made that one mobile tower is already existing and another is being installed by respondent nos. 6 and 7 and on account of ill-effects of erection of mobile tower, the respondents be restrained from setting up another mobile tower. 3. We have gone through the averments made in the petition. Except for making bald allegations pertaining to ill-effects of the erection of mobile tower, no material worth the name has been produced to indicate that there is any substance in the allegations, sought to be made. 4. A co-ordinate Bench of this Court in Asha Mishra Vs. State of U.P. : (2017) 1 UPLBEC 261 has categorically laid down that there was no substance in the allegations of the said nature, while dismissing similar nature public interest petition. The said order in the case of Asha Mishra (supra) has been followed in the case of Residents Welfare Association Vs. Union of India : Writ-C No. 16888 of 2022 decided on 11.11.2022, wherein also the similar view has been expressed. 5. In view of the above fact situation, no case is made out for entertaining Versus Counsel for Petitioner(s) : Mohd. Haleem for Anjani Kumar Shahwal, Ram Sajiwan Prajapati Counsel for Respondent(s) : Sudhanshu Srivastava, Jagdish Pathak (S.C.), Vibhu Rai, Hari Nath Tripathi Mohd Shaqib and another .....Petitioner(s) State of U.P. and 6 others .....Respondent(s) the petition. The same is, therefore, dismissed. September 11, 2025 AHA/Sandeep WPIL No. 2615 of 2025 2 (Kshitij Shailendra, J.) (Arun Bhansali, CJ.) Digitally signed by :- AFZAL HUSAIN ABBASI High Court of Judicature at Allahabad