CWP-19294-2026(O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 111 CWP-19294-2026(O&M) Date of decision: 02.09.2026 ASHWANI KUMAR DHIR AND ANOTHER ...Petitioner(s) Versus STATE OF PUNJAB AND OTHERS ...Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. Pankaj Maini, Advocate for the petitioners. Mr. Eklavya Darshi, Deputy Advocate General, Punjab. Mr. D. S. Randhawa, Advocate for respondent no.3. TRIBHUVAN DAHIYA, J. (ORAL) CM-16121-CWP-2026 For the reasons stated, the application is allowed. Reply by way of affidavit of Gulpreet Singh Aulakh, Deputy Commissioner, Shaheed Bhagat Singh Nagar, Nawanshahr, on behalf of respondent no.2, along with Annexures R-2/1 to R-2/4, is taken on record subject to all just exceptions. Main Case The petition has been filed, inter alia, seeking a writ of certiorari setting aside the order dated 21.05.2026, Annexure P-12, whereby the third respondent/Executive Officer, Municipal Council, SBS Nagar, Nawanshahar, has rejected the petitioner’s representation against installation of mobile network tower by the fourth respondent/Indus Towers Limited on the terrace AMAN DUA 2026.09.10 19:09 I attest to the accuracy and authenticity of this judicial document CWP-19294-2026(O&M) -2- of Dr. Aman Dental Clinic, Chandigarh Road, Near Raja Hospital, SBS Nagar. 2. Learned counsel for the petitioners contended that due procedure to grant permission for installation of the tower was not followed by the respondents, which was apparent from the letter dated 17.03.2026, Annexure P-9, issued by General Manager, District Industries Centre, SBS Nagar. It records that the case of the fourth respondent has not been received online in the office, nor has any NOC been issued by the General Manager for installation of the tower. 3. Learned counsel for respondent no.3, however, contends that the application for installation of tower was submitted online by the owner of the premises, Ms. Mohinder Kaur, on the Invest Punjab Portal vide application ID no. 2601678395, which was duly approved on 02.02.2026. A communication to that effect was sent by the General Manager, District Industries Centre, to the Executive Officer, Municipal Council, dated 06.07.2026, Annexure R-3/4, which reads as under: With reference to the subject cited above, it is written that regarding the communication sent by this office vide Memo No. 207 dated 17/03/2026 to the Deputy Commissioner, Shaheed Bhagat Singh Nagar stating that the case of Indus Towers Limited was not received online in this office, it is hereby clarified that in reference to the said letter, this office had already clarified vide Office Letter No. 387 dated 14/05/2026 that the application for the tower had been submitted by Smt. Mohinder Kaur on the Invest Punjab Portal under Application ID No. 2601678395. The recommendation for the installation of this tower was accorded by you on 02/02/2026, on the basis of which approval for issuing the acknowledgment was granted to this AMAN DUA 2026.09.10 19:09 I attest to the accuracy and authenticity of this judicial document CWP-19294-2026(O&M) -3- office by the Office of the Deputy Commissioner, Shaheed Bhagat Singh Nagar on 03/02/2026. As requested, a copy of the application form, application log, letter Memo No. Infra/RoW/Portal/25/223-A dated 14/01/2025, proceedings of the meeting of the District Level Telecom Committee held on 08/05/2026, and this office's letter No. 387 dated 14/05/2026 are attached herewith and forwarded. He further contends that the letter dated 17.03.2026, was issued under some misconception, as the facts regarding the application having been filed for installation of tower and the approval having been duly granted are established on the basis of the aforementioned communication. 4. Reference has also been made to the written statement filed by the Deputy Commissioner that after obtaining clarification regarding electromagnetic radiation from the mobile tower and finding it to be non- ionizing and completely harmless to humans, the permission has been granted. Relevant paragraphs whereof read as under: 10. That on 08.05.2026, a meeting of the District Level Telecom Committee, (DLTC) was convened by General Manager, District Industries Centre, SBS Nagar to decide the representation made by the petitioners. In D.L.T.C. meeting, deponent/respondent No.2 directed the Executive Officer, Municipal Council, Nawanshahr to seek Electromagnetic Magnetic Field (EMF) emissions report from concerned telecom company/respondent No.4. 11. That Executive Officer, Municipal Council, Nawanshahr sought clarification from Indus Tower Limited/respondent No.4 vide letter no. 1057 dated 08.05.2026 about the complaint filed by petitioners as per directions of District Level Telecom Committee. Indus Tower Limited/respondent No.4 submitted their response through email dated 08.05.2026 to the office of AMAN DUA 2026.09.10 19:09 I attest to the accuracy and authenticity of this judicial document CWP-19294-2026(O&M) -4- Executive Officer. Municipal Council. It was submitted that the Electromagnetic Radiation (EMR) from mobile tower is non- ionizing radiation (like radiation from visible light, infrared radiation etc.) with reasonably low frequency and it is completely harmless to humans. 5. Heard. 6. The facts aforementioned regarding application submitted by Mohinder Kaur for installation of mobile network tower and its due approval by the competent authority are not in dispute. It has also not been disputed that there is no harm to anybody on account of installation of mobile network tower as electromagnetic radiation emitted therefrom is non-ionizing and harmless. Besides, the owner of the premises where the tower is being installed has not been a party to the petition. 7. Accordingly, finding no merit in the petition it is hereby dismissed. 02.09.2026 (TRIBHUVAN DAHIYA) AD JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No AMAN DUA 2026.09.10 19:09 I attest to the accuracy and authenticity of this judicial document