1 - Indus Tower Limited Having Its Registered Office At 01st Floor, Maloo-01, Plot v. 1 - State Of Chhattisgarh Through Its Principal Secretary, Science And Technology
Case Details
1 VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2025:CGHC:20952 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2350 of 2025 1 - Indus Tower Limited Having Its Registered Office At 01st Floor, Maloo-01, Plot No.-26, Scheme-94c, Ring Road, Indore, (M.P.), Through Its Authorized Signatory Mr. Lokesh Yadav ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Principal Secretary, Science And Technology (Home), Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.) 2 - Department Of Telecommunications Ministry Of Communications, Government Of India, Sanchar Bhawan, 20 Ashoka Road, New Delhi 3 - Department Of Telecommunications Having Office At Collectorate, Near Ghadi Chowk, Raipur, Chhattisgarh 4 - Union Of India Through Secretary, Department Of Telecommunications, Ministry Of Communication And I.T., Government Of India, New Delhi ... Respondent(s) For Petitioner
Legal Reasoning
: Mr. Vaibhav Shukla, Mrs.Astha Shukla, Advocates. 2 For respondent- UOI : Mr. Neeraj Baghel, Advocate For State : Mr. Satish Gupta, G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad 07/05/2025 Order on Board 1. By way of this petition, the petitioner is seeking issuance of writ directing the State and its authorities to extend police protection to complete the remaining work in respect of passive telecommunication infrastructure services in accordance with the Right of Way Rules, 2024. 2. Facts of the case are that the Petitioner Company is an Infrastructure Provider Category-I (IP-I), registered with the Department of Telecommunications (DoT), Ministry of Communications, Government of India, and is engaged in the business of establishing, operating, providing, and maintaining telecom towers and passive telecommunication infrastructure across India, including the State of Chhattisgarh, for delivering temporary telecom infrastructure services to licensed mobile telecom service providers under Section 4 of the Indian Telegraph Act, 1885 (now governed by the Telecommunications Act, 2023) and in accordance with the Right of Way Rules, 2024. The Petitioner, through this petition, seeks a writ in the nature of mandamus to direct the State authorities to ensure the safety and security of telecom infrastructure and to provide necessary law 3 enforcement support for completion of pending work hindered due to administrative inaction. The Right of Way Rules, 2024, framed under the Telecommunications Act, 2023, and duly adopted by the State of Chhattisgarh vide order dated 31.12.2024 (effective from 01.01.2025), have not been effectively implemented on ground, resulting in unwarranted obstruction in installation of temporary telecom infrastructure due to false and frivolous complaints made by unsocial elements with vested interests before subordinate authorities, including the Tehsildar, Municipal Corporation, and Gram Panchayat officials, who lack the jurisdiction and competence to adjudicate telecom infrastructure-related matters. Such actions are contrary to the regulatory framework, which mandates that all complaints be addressed through an online mechanism via the Tarang Sanchar portal and adjudicated solely by the competent authority, i.e., the Department of Telecommunications or an officer not below the rank of Principal Secretary, as clarified by the Government of India in its circular dated 13.02.2025. The Department of Telecommunications has also written to the District Collector, Durg, on 04.04.2025, urging resolution of these issues and highlighting the delays caused by unauthorized interference. Despite clear instructions from both the Central and State Governments, including a directive from the Secretary, Department of Electronics & IT, Chhattisgarh dated 19.06.2024, local authorities have failed to provide adequate support, thereby stalling critical infrastructure projects, of which 4 approximately 80% have been completed. The Petitioner has submitted multiple representations to the Principal Secretary, Chief Secretary, and concerned District Collectors, and the matter has also been taken up by the Cellular Operators Association of India (COAI) and Digital Infrastructure Providers Association (DIPA), but no concrete action has been taken. As telecom services are classified as essential and public utility services, and the proposed temporary infrastructure is crucial for enabling modern mobile communications including 4G and 5G, the Petitioner prays for immediate intervention of this Hon’ble Court and issuance of appropriate directions to law enforcement authorities to ensure completion of remaining works and to prevent interference by malicious elements, who, in appropriate cases, may be liable under the Telecommunications Act, 2023 and the Bharatiya Nyaya Sanhita, 2023. 3. The petitioner has prayed for following reliefs in the petition:- “1) That the Hon'ble Court may kind enough to issue a writ in the nature of mandamus directing the State and its local authorities for providing security and protection at site for completion of balance work. 2) As per the directive of the Hon'ble Principal Secretary, Science & Technology, for filing a case against unsocial elements for creating obstruction in the development work as per the circular from the office of PS, S&T. 3) Directions required to State Government for specific directions to officers subordinate to 5 them regarding the competency to handle issues related to telecommunication services, network and infrastructure and all proceedings and orders needs to be quashed and forwarded to the competent authority, i.e. Department of Telecommunications. 4) Directions issues to State Government for completion of pending work to direct law enforcement agency for completion of pending work within 30 days' time. 5) That the Hon'ble Court may kind enough to issue a writ in the nature of certiorari setting- aside/quashing all the order(s) passed by officers without having any competency as the same being illegal, without jurisdiction and arbitrary in violation of provisions of Right of Way Rules, 2024. 6) Any other relief deemed fit and proper in the facts and circumstances of the case.” 4. Learned counsel for the petitioners submits that the actions of the State authorities, including local and subordinate officials, in obstructing the installation of lawful and essential telecom infrastructure despite the clear mandate of the Telecommunications Act, 2023 and the Right of Way Rules, 2024, are arbitrary, illegal, and violative of the Petitioner’s fundamental rights under Articles 14 and 19(1)(g) of the Constitution of India. It is submitted that the Petitioner, being a duly registered Infrastructure Provider Category-I (IP-I) with the Department of Telecommunications, is engaged in the provision of critical 6 passive telecom infrastructure, which is essential for public utility services and national digital infrastructure. The non-cooperation and active obstruction by local authorities—despite express directives from both the Central and State Governments—has led to unwarranted delays and disruption in execution of national-level telecom projects. Therefore, prayer is made to direct the State and its instrumentalities to ensure compliance with the applicable legal framework, thereby facilitating the timely completion and protection of vital telecom infrastructure. 5. Learned counsel for the respondents as well as State submit that the petitioner's claim of arbitrary or illegal obstruction by State authorities is unfounded. The respondents assert that the delays in the installation of telecom infrastructure are due to the petitioner’s failure to comply with procedural requirements under the Telecommunications Act, 2023 and Right of Way Rules, 2024, as well as local regulations concerning safety, zoning, and environmental concerns. Local authorities are vested with the legal discretion to regulate such infrastructure, ensuring public welfare and safety. The delays are not a result of deliberate obstruction but the petitioner’s non-compliance with necessary legal and documentation requirements. Additionally, the respondents submit that there has been no violation of the petitioner’s fundamental rights under Articles 14 and 19(1)(g), as the actions taken are in line with statutory provisions and serve to protect public interests. The petitioner has alternative remedies 7 available, therefore, the petition is premature at this stage and is liable to be dismissed. 6. I have heard learned counsel for the parties, considered their submissions put forth before me and have also gone through the
Decision
documents appended to the writ petition. 7. Reliance has been placed on the judgment rendered by this Court in the matter of Reliance Infratel Limited vs. State of Chhattisgarh and others in WPC No. 5297 of 2009, wherein it is stated that installation of mobile phone towers and emission of waves by the said towers is not in any way harmful for the health and hazardous to the health of citizens. Para 10 reads as under:- "10. In view of the aforesaid analysis and going through the impugned order, it is quite vivid that there is no scientific data available on record to demonstrate that the installation of mobile phone towers and emission of waves by the said towers in any way injurious to the health of citizens. Respondent No.4 has failed to establish by placing reliable data and material showing any harmful effect on the health of human beings from such mobile transmission tower, as such learned Magistrate is absolutely unjustified in granting such application without any scientific and reliable data in that regard." 8. Upon perusal of the documents as well as the submissions advanced by counsel for the parties, it appears that the petitioner is seeking a direction for the completion of the work that has been duly allotted to him. The petitioner is also seeking the 8 implementation of the Right of Way Rules, 2024 and the quashing of the impugned orders and notices issued by the respondent authorities. It is noted that the work allotted to the petitioner has faced hindrances due to the interference of certain antisocial elements with vested interests, which has affected the timely installation of temporary telecom infrastructure. As telecom services are classified as essential and public utility services, the respondent authorities are required to follow the Right of Way Rules, 2024, which are specifically framed to prevent disruptions in the seamless and affordable mobile communication network and to ensure the uninterrupted provision of essential services to the citizens. This Court further observes that in most of the sites, 80% of the work has been completed, and only 20% remains to be finished. The petitioner, therefore, seeks assistance from the respondent authorities, in accordance with the Telecommunications Act, 2023 and the Right of Way Rules, 2024, to overcome the obstacles and complete the project. 9. In light of the urgency and the importance of telecom infrastructure for public welfare, the Court directs the respondent authorities to ensure compliance with the Right of Way Rules, 2024, as well as the Telecommunications Act, 2023, and take appropriate steps to remove any obstructions caused by individuals with vested interests. The respondent authorities are further directed to expedite the remaining work, ensuring that the 9 petitioner’s work is not hindered and the essential telecom infrastructure is completed without delay. 10. Accordingly, this writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Vishakha