Chandra Bhushan Singh vs State Of Bihar And Ors

Sanjay Karol, CJ

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief:-

“For issuance of appropriate writ(s)/direction(s) to the respondents to remove the communication/mobile tower of Respondent No. 10 from the

land bearing Khata No. 02, Plot No. 95, Thana No. 84 admeasuring about 2109 sq. ft. situated at MIT College, Laxmi Chowk, Daudhpur Kothi, P.O.

& P.S.- MIT, Brahampura, District- Muzaffarpur which is also besides the child hospital namely Kamala Devi Jaishwal Jain Hospital because the

installation of communication/ mobile tower within the radius of 100 metres for a school, a college or a hospital is completely against the Rule-4 of

Bihar Communication Towers and Related Structure Rules, 2012.â€​

At the time when the petition was filed, petitioner pointed out setting up of mobile towers at Kamala Devi Jaishwal Jain Hospital; M.I.T. College; and

child hospital near M.I.T. College, in violation of the provisions of the Bihar Communication Towers and Related Structures Rules, 2012.

From the affidavits filed by the respondents, it is evident that action stands taken.

Shri Awadhesh Kumar, learned counsel appearing for the Muzaffarpur Municipal Corporation states that appropriate action stands taken and at this

point of time there is no tower which stands established contrary to the Rules.

Smt. Nivedita Nirvikar, learned counsel appearing on behalf of the Union of India, states that now it is settled that setting up of mobile tower(s) does

not have any adverse health effects or consequences.

Well, on the issue of health hazard, we do not express any opinion, but in so far as compliance of the Rules are concerned, we have no hesitation in

recording that the respondents have taken appropriate action in accordance with law.

As such, the present petition, having served its purpose, is being disposed of with the following directions:-

(a) It shall be open for the petitioner, a public spirited person, to invite attention of the authorities, more specifically the Commissioner, Municipal

Corporation, Patna/Muzaffarpur of any mobile tower having been established in violation of the Rules;

(b) The said authority shall take appropriate action in accordance with law, positively within a period of three months thereafter;

(c) Liberty is reserved to the petitioner to take recourse to such remedies as are otherwise available under law.