RAJESH SHANKAR, J. - (1.) The present writ petition has been filed for issuance of direction upon the respondents, particularly the respondent Nos. 4 to 6, to show cause as to how and under what authority of law, the permission has been granted to the respondent No. 7 for installation of a mobile tower over the land of the respondent No. 8 comprised within Ward No. 23, part of Holding No. 173/A, Rana Pratap Nagar, Chas, District-Bokaro, which is against the norms/standard/guidelines/rules prescribed by the Department of Telecommunication, Government of India as well as the notification No. IT/Tower Policy-30/2015 (part) of the Jharkhand Communication Towers and Related Structures Policy, 2015 (hereinafter referred to as 'the Policy, 2015 issued under the signature of the Secretary, Department of Information Technology and e-Governance, Government of Jharkhand for installation of the communication towers. The petitioner has also prayed for issuance of direction restraining the respondent No. 7 from constructing/erecting the said mobile tower forthwith by quashing the 'No Objection Certificate' (in short 'NOC' issued to the respondent No. 7 by the respondent No. 6 vide the letter as contained in Memo No. 127 dated 19.01.2017 (Annexure-13 to the writ petition).
(2.) The petitioner, who happens to be the resident of Rana Pratap Nagar within Chas Municipal Corporation, is aggrieved by the action of the respondent No. 7 in constructing/erecting a mobile communication tower in the premises of the respondent No. 8. The petitioner has also challenged the 'NOC' issued by the respondent No. 6 for installation of the said mobile communication tower in the premises of the respondent No. 8. The petitioner has alleged that the respondent No. 7 has violated the norms/standard/rules/guidelines prescribed by the Ministry of Telecommunication, Government of India as well as the Policy, 2015 for installation of the mobile communication towers.
(3.) A counter-affidavit has been filed on behalf of the respondent No. 7 stating, inter alia, that before installation of the said mobile communication tower, the respondent No. 7 had made an application for SACFA sanction to the Wireless Planning and Co-ordination Wing of the Ministry of Communications and Information Technology, Department of Telecommunications, Government of India and the SACFA sanction was granted to the respondent No. 7 with respect to the said site and the Clearance Certificate was issued to that effect. The respondent No. 7 has also obtained the Structural Stability Certificate from the approved authority for installation of the said mobile communication tower in the premises of the respondent No. 8. On fulfillment of all the required clearances by the respondent No. 7 for installation of a mobile communication tower, the respondent No. 6 has issued the impugned 'NOC' to the respondent No. 7 for installation of a mobile communication tower in the premises of the respondent No. 8.;