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Judgment
Raghvendra Singh Chauhan, CJ
The petitioner is aggrieved by the fact that the Indus Towers Ltd. â€" respondent no. 5 is permitted to erect a Mobile Tower in Aaganwadi
Campus, Shivlok Colony, Ramnagar, Raipur, Dehradun.
The learned counsel for the petitioner submits that since the Mobile Tower may adversely affect, not only the children, who will be attending the
Aaganwadi Campus, but also others, who resides in the residential area of the colony, the respondent nos. 1, 2, 3, 4 and 6 should be directed to move
the Mobile Tower to some other place.
This Court has asked the learned counsel for the petitioner, if there is any bar, in the law, which prevents a Mobile Tower from being erected and
which have been permitted by the respondents to be erected? To this query, the learned counsel has frankly conceded that there is no bar in the law.
It is neither the responsibility, nor the duty of this Court to run the administration. Where a Mobile Tower should be erected is a decision that needs
to be taken by the respondents themselves. Therefore, no mandamus can be issued to the respondents for shifting the Mobile Tower to another place.
At best, if the petitioner were to file a representation before the respondent nos. 1, 2, 3, 4 & 6, they are directed to decide the representation, after
giving an opportunity of hearing to the petitioner, and after hearing all his grievances with regard to the erection of the Tower, and shall pass a
reasoned order thereafter. Such exercise shall be carried out by the said respondents within three weeks, after receiving of the representation to be
filed by the petitioner.
With the above direction, the writ petition is, hereby, disposed of.