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No Responsibility Or Duty To Run Administration; Can’t Issue Mandamus To Shift Mobile Tower To Another Place: Uttarakhand High Court [READ JUDGMENT]

The Uttarakhand High Court on Friday (15th January) refused to issue a mandamus writ in the case of Samay Sharma v. State of Uttarakhand & Others.

By: Megha Ravindran BBA LLB Nehru Academy of Law.

Chief Justice Raghvendra Singh Chauhan and Justice Manoj Kumar Tiwari said that it is neither the responsibility nor the duty of the Court to run the administration.

Brief of the case

Indus Tower Ltd was permitted to build a Mobile Tower in Aaganwadi Campus, Shivlok Colony, Ramnagar, Raipur, Dehradun.

So, Samay Sharma filed a petition that the Mobile Tower may adversely affect the children in the residential area of the colony and prayed that the State of Uttarakhand, District Magistrate, Dehradun, Dehradun Smart City Limited, Mussoorie Dehradun Development Authority, and Nagar Nigam, Dehradun should be directed to move the Mobile Tower to some other place.

Observation of the Court

The Court remarked that no bar in the law prevents a Mobile Tower from being erected. It is not the responsibility of this Court to run the administration. Consequently, the Court refused to issue mandamus. The Court also directed the Respondent to pass a reasoned order.

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