MAHENDRA KUMAR MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Sanjay Kumar Mishra, learned counsel for the petitioner, learned Standing Counsel for respondents no.1, 2 and 4, Sri Vivek Verma, Advocate, for respondent no.3, Sri Rahul Agarwal, learned counsel for respondent no.5 and perused the record.

(2.) This writ petition has been preferred by the petitioner seeking following main relief :

(3.) The brief facts pleaded in the writ petition are that the petitioner is resident of plot no.64, Tagore Town Colony, Bhojubir, City and District Varanasi whereas respondent no.5 is an internet service provider company (hereinafter referred to as "the company") engaged in the business of providing broadband internet services and other allied service. The company erects transmission towers/poles/masts and other related equipment. For the aforesaid purpose, the company takes plot/land on leasehold basis in order to install 4G Broadband Wire Line/ Wireless Access Services at suitable places in the district, Nagar Ayukt, Nagar Nigam, Varanasi vide order dated 20.09.2013 granted permission whereby 62 places were allotted to the Company for installation of Ground Based Mast (hereinafter referred to as "GBM") Tower after conducting due spot inspection. In so far as respondent is concerned the area for installation of GBM Tower, which has been mentioned at serial no.24 with the site name "Inside of Tagore Tower Park, Hardam Colony, Varanasi" was selected which was approved by the Nagar Nigam, Varanasi which also granted permission for installation of GBM Tower to the company. However, the company instead of erecting the tower at the approved selected place, started installing it outside the aforesaid park on the road and in front of house of the petitioner. In the circumstances, the petitioner moved the District Administrative Authorities including the District Magistrate, Varanasi, by means of a representation, who vide his order dated 14.11.2015 directed the authorities concerned to make spot inspection. Accordingly, spot inspection was conducted and report was submitted by Junior Engineer (Civil), Nagar Nigam, Varanasi that the company was not erecting the GBM Tower at the approved/selected place inside the park but on Road-Patri, in violation of the permission. Revenue Department was also required to take action in the matter in accordance with law. The relevant part of the note-sheet/report of Junior Engineer (Civil), Nagar Nigam, Varanasi reads thus :