Gauhati High CourtManoranjan Roy vs The State Of Assam And 6 Ors on 7 April, 2021Author:Manish ChoudhuryBench:Manish ChoudhuryPage No.# 1/4\n\nGAHC010065792020\n\n\n\n\n                       THE GAUHATI HIGH COURT\n  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)\n\n                          Case No. : WP(C)/2119/2020\n\n         MANORANJAN ROY\n         S/O- LT. MUKUNDA ROY, R/O- GAURIPUR TOWN, WARD NO. 1, P.O. AND\n         P.S. GAURIPUR, DIST.- DHUBRI, ASSAM, PIN- 787331\n\n\n\n         VERSUS\n\n         THE STATE OF ASSAM AND 6 ORS.\n         REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GHY-6\n\n         2:THE SECRETARY TO THE GOVT. OF ASSAM\n          INFORMATION AND TECHNOLOGY DEPTT.\n          DISPUR\n          GHY-6\n\n         3:THE DY. COMMISSIONER\n          DHUBRI\n          DIST.- DHUBRI\n         ASSAM\n          PIN- 783301\n\n         4:THE DISTRICT LEVEL TELECOM COMMITTEE\n          DHUBRI\n          REP BY THE CHAIRMAN\n          DISTRICT LEVEL TELECOM COMMITTEE\n          DHUBRI\n         ASSAM\n          PIN- 783301\n\n         5:RELIANCE JIO INFOCOM LTD.\n          REP. BY THE STATE H.R. FOR ASSAM\n          RELIANCE JIO INFOCOM LTD.\n          BIJAY CRESENT BUILDING\n                                                                                   Page No.# 2/4\n\n             RUKMINIGAON\n             GHY\n             ASSAM\n             PIN- 781022\n\n            6:GAURIPUR MUNICIPAL BOARD\n             REP. BY THE CHAIRMAN\n             GAURIPUR MUNICIPAL BOARD\n             GAURIPUR\n             DIST.- DHUBRI\n            ASSAM\n             PIN- 783331\n\n            7:MANORANJAN ROY @ ROBIN\n             S/O- LT. MANMOHAN ROY\n             R/O- GAURIPUR\n            WARD NO 1\n             P.O. AND P.S.- GAURIPUR\n             DIST.- DHUBRI\n            ASSAM\n             PIN- 78333\n\nAdvocate for the Petitioner   : MR. U DUTTA\n\nAdvocate for the Respondent : GA, ASSAM\n\n\n\n\n                                     BEFORE\n                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY\n\n                                           ORDERDate : 07-04-2021\n\n       Heard Mr. U. Dutta, learned counsel for the petitioner; Ms. K. Phukan, learned Junior\nGovernment Advocate for respondent nos. 1, 2, 3 and 4; and Mr. J. Roy, learned counsel for\nthe respondent no. 5. Though notices have been served on respondent nos. 6 and 7, as per\nthe office note dated 08.02.2021, none has appeared for the said respondents.2.     The petitioner is a resident of Ward No. 1, Gauripur Town, District - Dhubri. It is\nprojected by the petitioner that at the time of filing the writ petition, a ground based mobile\ntower ('the mobile tower', for short) was being constructed by the respondent no. 5 in a plot\nof land owned by the respondent no. 7. The said mobile tower is in the immediate vicinity of\n                                                                                    Page No.# 3/4\n\nthe plot of land belonging to the petitioner where he is residing since long. It is submitted by\nthe learned counsel for the petitioner that during the pendency of the writ petition, the\nconstruction of the said mobile tower has been completed. According to the petitioner, the\nmobile tower emits electro-magnetic field radiation which is harmful to human, more\nparticularly, for the people residing in the vicinity of the mobile tower. Aggrieved by such\ninstallation of mobile tower in the vicinity of the area where the petitioner is residing, the\npetitioner had submitted a representation on 04.03.2020 before the respondent no. 3 as the\nrespondent no. 3 is also the Chairman of District Telecom Committee (DTC), Dhubri i.e. the\nrespondent no. 4 in terms of the Guidelines framed by the Information Technology\nDepartment, Government of Assam (i.e. the respondent no. 2) for hearing public grievance\nregarding installation, etc. of mobile towers. When the said representation remained\nunattended by the respondent no. 4 for a sufficient period of time, the petitioner has\napproached by this writ petition seeking, inter-alia, a direction to the respondent no. 4 to\ndispose of the representation dated 04.03.2020 in accordance with the guidelines framed for\nissue of clearance and permit for installation of mobile towers in Assam.3.     The learned counsel for respondent no. 5 has submitted that the procedure has been\nprescribed under Clause 17 in the said guidelines for disposal of such a representation.4.     The Information Technology Department, Government of Assam by an order dated\n11.08.2015 has formulated "the Guidelines for Issue of Clearance and Permit for Installation\nof Mobile Towers and Disposal of Public Grievance in this regard" ["the Guidelines", for short].\nThe object of the Guidelines is to provide for framework for installation and operation of\nmobile towers on roof top, ground level or various premises.5.     Clause 17 of the said Guidelines has provided for the procedure of disposal of public\ngrievances and it has been mentioned that if there is any individual or public grievance\nrelating to establishment or operation of a Mobile Tower or if the Telecom Service Provider\n(TSP)/Infrastructure Provider (IP) has some grievance the same shall be placed before the\nDistrict Telecom Committee (DTC) for disposal as per Guidelines laid down, provided that the\naggrieved party may prefer an appeal to the State Telecom Committee (STC) within 45 days\nof disposal by the DTC if it is not satisfied with the decision of the DTC. Clause 2 of the said\n                                                                                    Page No.# 4/4\n\nGuidelines has provided for the composition of the District Telecom Committee (DTC). The\nDTC is headed by the Deputy Commissioner of the concerned District as its Chairman. The\nDTC deals with the matters related to public grievance for installation of mobile towers and\nother issues related to telecom infrastructure in the concerned district.6.     It has been submitted by the learned counsel for the parties that since the petitioner\nhas already preferred a representation on 04.03.2020 ventilating his grievance about the\ninstallation of the ground based mobile tower in the vicinity of his area of residence before\nthe respondent no. 3, the respondent no. 3 can place the same before the DTC and\nthereafter, the DTC can consider the said representation on its own merits.7.     Taking note of the provisions contained in the aforesaid Guidelines, this Court is of the\nconsidered view that the writ petition can be disposed of at this stage with a direction to the\nrespondent no. 3 to place the representation dated 04.03.2020 filed by the petitioner before\nthe DTC and the DTC shall, in turn, take the same on board for consideration. After due\nconsideration, the DTC can dispose of the same by passing a speaking order. It is accordingly\ndirected. It is necessary to mention that at the time of consideration of the said\nrepresentation, all the stakeholder(s) shall be put on notice and an opportunity of personal\nhearing be accorded to such interested stakeholder(s), if any such request is made. The\nentire exercise shall be completed as expeditiously as possible, preferably within a period of 6\n(six) weeks from the date of receipt of a certified copy of this order by the respondent no. 3\nfrom the petitioner.8.     The writ petition stands disposed of in the aforesaid terms. No cost.JUDGE\n\n\n\nComparing Assistant