Court Quashes Deputy Commissioner's Order Citing Lack of Legal Basis and Upholds 2023 Infrastructure Policy
In a significant decision, the Punjab and Haryana High Court has overturned the Deputy Commissioner of Faridabad's order which cancelled the permission for the installation of a mobile tower by Saral Mobile Project Services Pvt. Ltd. The court ruled that the cancellation lacked a legal basis and was influenced by baseless objections.
The petitioner, Saral Mobile Project Services Pvt. Ltd., had initially obtained permission on January 7, 2025, under the Haryana Government Communication & Connectivity Infrastructure Policy, 2023, to erect a mobile tower in a public park managed by Haryana Shehri Vikas Pradhikaran (HSVP). However, this permission was revoked on April 4, 2025, following objections from the local Residents Welfare Association (RWA) about potential health hazards.
The court, presided by Justice Jagmohan Bansal, emphasized that the cancellation did not adhere to the applicable legal provisions. The judgment clarified that Section 16(5) of the Telecommunications Act, 2023, which was cited as the basis for the cancellation, does not empower the Deputy Commissioner to annul already granted approvals. This section pertains only to the relocation or alteration of existing telecommunication networks, not to cancellations prior to installation.
The court also noted that the objections raised by the RWA were without merit and appeared to be motivated by ulterior motives. The judgment highlighted that mobile towers have been installed in similar public properties across the state without issue and that the health concerns cited were unfounded.
Furthermore, the court underscored that the State Government had adopted the Telecommunication (Right of Way) Rules, 2024, which are binding and were violated by the Deputy Commissioner's cancellation order.
In its conclusion, the court allowed the petition and reinstated the permission for the mobile tower installation, thereby setting aside the Deputy Commissioner's order.
Bottom Line:
Permissions granted under infrastructure policies for installation of mobile towers cannot be arbitrarily cancelled without proper justification and adherence to the applicable legal provisions.
Statutory provision(s): Telecommunications Act, 2023 Section 16(5), Telecommunications Act, 2023 Section 10(a), 10(b), 10(c), Telecommunication (Right of Way) Rules, 2024.
