- (1.) Heard Shri Ashish Mishra, learned counsel for petitioner; Shri Anant Tiwari, learned counsel for Union of India, Ministry of Defence, New Delhi and Shri S.K. Rai, learned counsel for Cantonment Board, Meerut.
(2.) Indus Towers Ltd. Circle Office 2nd Floor Tower-1, Okaya Center, B-5, Sector 62, Noida, Uttar Pradesh through its authorized signatory Ramesh Prasad Yadav is before this Court assailing the legality and validity of the order dated 09.09.2016 whereby the reply/objections so filed by petitioner in response to the show cause notice dated 16.08.2016 has been turned down by third respondent i.e. Chief Executive Officer, Cantonment Board, Meerut on the ground that impugned installation of Mobile Tower does not confer with the Circular of Government of India dated 12.09.2008. The said action is being assailed by the petitioner precisely on the ground that the said circular is not applicable for installation of tower for the reason that the impugned installation was raised by the petitioner (through its predecessor company) in the year 1996 and the circular dated 12.09.2008 would be used only with the prospective effect and relying on the said circular the authority, on the spot, has erred in law and the same cannot sustain in the eyes of law and this Court should come to the rescue and reprieve of the petitioner.
(3.) Record in question reflects that petitioner's company is incorporated under the Companies Act, 1956 and the petitioner is a category one (IP-1) infrastructure provider vide registration obtained from Department of Telecommunications, Ministry of Communications and IT, Govt. of India and at present is running business of establishment, maintenance and provision of telecommunications infrastructure and assets including mobile towers for the purpose of granting the same on lease/rent/sale basis to various telecom service providers. Record in question further reflects that for the purpose of establishment of Mobile Tower and Mobile Switching Centre (MSC) at Vidya Laxmi Complex, 182 Abu Lane, Meerut Cantt. Meerut, petitioner's company made an application to the second respondent of 10.01.1996. It has also been claimed that the said application was enclosed with the Plan for Foundation Columns, Structural Details, Elevation Details and other technical details and on the basis of said application it has been claimed that permission was accorded by second respondent on 23.02.1996 (appended as Annexure-3 to the Writ Petition). It also appears from the record that Secretary, Department of Telecommunications, Ministry of Information and Technology, Government of India has issued the Departmental Order dated 08.08.2013 to all Local Authorities for compliance of the guidelines of the department in respect of the Mobile Towers, which provides as follows:- "ACTION ON PART OF STATE GOVT./LOCAL AUTHORITY: ............ III. Telecom towers have been given infrastructure status by Government of India vide gazette notification no.81 dated 28.03.2012. All benefits, as applicable to infrastructure industry, should be extended. Electricity connection may be provided to BTS site on priority. IV. Telecom installations are lifeline installations and a critical infrastructure in mobile communication. In order to avoid disruption in mobile communication, an essential service, sealing of BTS towers/disconnection of electricity may not be resorted to without the consent of the respective TERM Cell of DoT in respect of the EMF related issues.";