#noobjectioncertificate

A complete guide to obtaining a Fire No Objection Certificate (Fire NOC) in Haryana for industrial, commercial, and residential buildings — detailing legal requirements, fire safety compliance steps, eligibility criteria, documentation, approval timelines, and the importance of certification for occupancy and regulatory clearances

Jurisdiction under Article 226 of the Constitution of India cannot be exercised on the basis of apprehensions which are not rooted in the facts and supported by reliable scientific material.

Indus Tower Ltd. Pune v, Gram Panchayat Chikhalhol, Distt Sangli & 2 others

Writ Petition No.15779/2022 before Bombay High Court

Writ Petition Allowed on 20.07.2023

By Hon’ble Mr. Justice Sunil B Shukre & Hon’ble Mr. Justice Rajesh S Patil J

Background

A Writ Petition is filed by Indus Towers Ltd. Pune against Gram Panchayat Chikhalhol, Sangli, District, Pune as the Gram Panchayat has passed a resolution on July 22, 2022 against the Indus Towers directing the telecommunication Company to stop further work of erection of the mobile tower. However, the Gram Panchayat has earlier given No Objection Certificate to the Indus Towers on June 30, 2022 and in view of the NOC, Indus Tower began installation work.

Fact

Mobile Tower installation work was stalled by the second resolution of the Gram Panchayat hence, instant Writ Petition was filed. It would not be out of place to mention here that Gram Panchayat vide Government Resolution dt. December 11, 2015 was empowered to issue NOC to the Tower Company and nothing other than NOC.

In the instant matter Gram Panchayat passed resolution against the Mobile Tower Company to stop work forthwith which actually was not empowered for by the relevant resolution. Moreover, once it has given NOC and based upon NOC when work was already started it can’t go back.

Second resolution was passed on 22.07.2022 by the Gram Panchayat as some villagers were apprehensive that installation of mobile tower will emit harmful radiation causing cancer to the villagers.

However, the apprehension was not supported by any scientific material warranting prohibition on installation of mobile tower.

Observation of the Court

It is well settled law that any agency or institution or person which seeks to deny a benefit or right to another on a special ground like the ground of mobile tower radiation being harmful to the health of the citizens, such agency or institution or person has a special burden of proof to establish the soundness of such a ground.

In the present case, the respondent-Gram Panchayat has failed to discharge the special burden of proof which was on its shoulders.

Decision

Resolution dt. 22.07.2022 passed by Gram Panchayat is set aside and Respondent - Gram Panchayat is directed for not obstructing the petitioner from operating the mobile tower so long as the occupation of the mobile tower is in accordance with law.