Salim.S vs Indus Towers Limited

T.R. Ravi, J.

The petitioners are residents of Ward No.22 of Thodiyoor Grama Panchayat in Kollam District. The writ petition has been filed challenging Ext.P1 building permit issued to the 1st respondent for the construction of a telecommunication tower and Ext.P4 decision of the District Telecom Committee finding that the 1st respondent can be permitted to erect the telecommunication tower. The contention of the petitioners is that Ext.P4 has been issued without considering all the aspects. It is also contended that the building permit has been issued without considering the relevant Rules and even without necessary clearance certificates. The main contention is that the District Telecom Committee which had considered the issue was not properly convened as is evident from Ext.P4. There is also a contention that there are about 50 residential buildings situated within 100 metres radius of the proposed site and a school with about 1000 students is functioning within 200 metres from the proposed site.

The 1st respondent has filed a counter-affidavit stating that they have complied with all the statutory requirements for the installation of a telecommunication tower. Ext.R1(d) Government Order has been produced to show that Ext.P7 Government Order whereby the District Telecom Committee was constituted has been modified and the constitution of the committee is to be in accordance with Ext.R1(d) Government Order dated 05.11.2014. The petitioner has also produced the very same order as Ext.P9.

Even though several contentions have been raised in the writ petition as well as in the counter-affidavit, this Court is of the opinion that if the constitution of the District Telecom Committee is not proper, then the order of the District Telecom Committee cannot be sustained, and a re-look will be required by a properly constituted committee. The above issue is hence being considered primarily. The consideration of the other contentions will depend on the answer to the above question.

Ext.P4 shows that apart from the Additional District Magistrate who was directed by the District Collector to convene the meeting, 11 persons participated in the meeting which includes the Director of TERM Kerala, District Town Planner, Technical Assistant (Gr.1) of the Office of the District Medical Officer, representatives of the Kulathupuzha Grama Panchayat, Anchal Grama Panchayat, Kottangara Grama Panchayat, Edamulakkal Grama Panchayat, Thodiyoor Grama Panchayat, Kalluvathukkal Grama Panchayat, Anchal Grama Panchayat and Kollam Corporation. As per Ext.R1(d), the District Telecom Committee is to be constituted with the District Collector as the Chairman, District Medical Officer, representative of TERM Cell, Secretary of the concerned LSGI who issues the permit, the District Environmental Engineer of the District Pollution Control Board and an eminent public person from the concerned District who is to be nominated by the Chairman of the DTC. It is evident that the committee which considered the issue as seen from Ext.P4 is not properly constituted, since it does not have the members as contemplated in Ext.R1(d). As such, I am of the opinion that on the above aspects itself, the petitioners are entitled to succeed in this writ petition. The Court is hence not going into the question whether the telecommunication tower can be permitted under the Rules, since it is a matter that must be considered by the DTC.

In the result, the writ petition is allowed. Ext.P4 proceedings is set aside. There will be a direction to the Convener/District Collector of the Kollam District Telecom Committee to convene a committee as provided in the relevant Government Orders within two weeks from today and such committee shall consider the grievances put forward by the petitioners regarding the installation of the Telecommunication tower by the 1st respondent as permitted in Ext.P1 building permit within one month from the date of convening the District Telecom Committee. Necessary proceedings shall be issued at the earliest, at any rate, within two months from the date of receipt of a copy of this judgment. It is open to the 1st respondent to submit the necessary application before respondents 2 & 3 for extension of the building permit which is stated to be valid till 30.06.2022 and the same shall be considered by respondents 2 & 3 in accordance with the law.