Off:, B-22, Rai Town 2,

Hingna Road, Isasani,

Nagpur-440019

Mob: 8275 788 788

To,
1) The Assistant Director,
Town Planning Department,
Nagpur Municipal Corporation,
3rd Floor, Chhatrapati Shivaji Maharaj Administrative Bldg,
Mahanagar Palika Marg, Civil Lines, Nagpur-01

2) Shri. Shankarrao Vittharao Ghadge

3) Summit Digital Infrastructure Pvt. Ltd.

3rd Floor, Fidvi Tower, South Road, Sadar, Nagpur

Sirs,

Under the instructions and authority of my client Shri Anil Nivruttirav

Rannavare, aged about 50 years, R/o Plot No.13, Mire Layout, Umred

Road, Nagpur-09, I serve upon you the following legal Notice:

1. That you noticee no. 2 having an open space at plot no. 36,

Khasara No.36/2, Mouza Chikhli (Khurd), Vaibhavananda Griha

Nirman Sahakari Sanstha, Chakrapani, Umred Road, Nagpur and you

noticee no.3 had approached you noticee no.2 for erection of telecom

transmission/Mobile tower at the aforesaid land.

2. That you noticee no.3 having registered office at the

abovementioned address is the authorised partner of reliance Jio Infra

Limited for the erection and maintenance of telecom

transmission/Mobile tower at Nagpur.

3. That you noticee no.3 has prepared the proposal of erection of

telecom transmission tower at the abovesaid land and submitted it to

you noticee no.1 for the sanction of the telecom transmission/Mobile

tower at the said land,

4. That you noticee no. 1 are the sanctioning and the approving

authority for the applications for erection of the telecom transmission

tower at Nagpur city.

5. That in 2019, you noticee no.1 has received application for grant

of sanction/permission for erection of mobile tower at Mauza Chikhali

on at Plot No. 36, Vaibhawnand Griha Nirman Sahakari Sanstha,

Chakrapani, Nagpur, from you noticee no.3 on the land of you noticee

no.2, vide application No.152/Chikhali/Mobile Tower Dtd. 05.12.2019.

6. That, you noticee no.1 has rejected the said application on the

grounds that necessary documents required as per the guide lines for

erection of mobile tower are not submitted by you noticee no.3. Further

you noticee no.3 has been informed by you noticee no.2 vide the

rejection order dated 13.05.2020 bearing outward no. NMC/TPD/169

to submit al the required documents mentioned in the abovesaid

rejection order and then only the application of you noticee no.3 will be

processed for the sanction of the erection of mobile tower.

7. That, on 07.08.2017, my client and other 50 residents of

Vaibhavanand Gruha Nirman Sahakari Sanstha, Chikhli (Khurd),

Nagpur have made complaint against you noticee no.2 for erection of

illegal mobile tower in the vicinity of their houses. Taking the cognizance

of the said complaint, the Divisional Officer, Nagpur Improvement Trust

and Town Planning Department, Nagpur had sent a notice on

31.08.2017 to you noticee no.2, by which you noticee no.2 has been

restrained to erect the said mobile tower. Further, for non-compliance

of the said notice by you noticee no.2, you noticee no.2 has been

instructed by the Divisional Officer, Nagpur Improvement Trust, vide its

communication dated 11.11.2018 to dismantle the said tower. But you

noticee no.2 again failed to comply with the notice.

8. That, being aggrieved by the non-compliance of the notice cum

order stated in the above para by you noticee no.2, my client and the

other residents in the said society had approached to the media and the

discontent of the public has been published in various newspaper on

16.01.2018, 24.01.2018, 02.02.2018 and so on. Nevertheless, you

noticee no.2 had not complied with the order of NIT. Neither, you noticee

no.1 had not taken any action against the noticee no.2 for non-

compliance of the order dated 31.08.2017.

9. That, on 23.04.2018, my client along with the residents of the

society has made an application to the Executive Engineer, Nagpur

Municipal Corporation, by which they requested to cancel the

permission for Generator and fibre Optical Cable of said tower. In

support of the said application my client had attached the order dated

11.11.2018. But, no further communication or action done by the

Executive Engineer, Nagpur Municipal Corporation in this regard.

10. That, my client, on 29.11.2019 has made a complaint to the Chief

Executive Engineer, MSEDCL (MSEB), Tukdoji Chowk, Nagpur, and

raised an objection to supply of 3 Phase Connection to the said illegal

mobile tower and requested a stay in supplying the 3 Phase Connection.

The copy of the said complaint also given to 1) Executive Engineer,

Nagpur Municipal Corporation, 2)Divisional Officer, Nagpur

Improvement Trust, 3) Divisional Officer, Neharu Nagar Zone, NMC, 4)

Police Inspector, PS Hudkeshwar and 6) Sub Divisional Officer,

Encroachment Department, Hanuman Nagar. But no action taken by

these authorities against you noticee no.2.

11. That, on 29.11.2019, my client filed an application to the

Divisional Officer, South Division Office, NIT, Hanuman Nagar, Nagpur

and requested the action of dismantling the said mobile tower as the

order dated 11.11.2018 has not been complied by you noticee no.2.

Taking the action on the application filed by my client on 29.11.2019,

the Divisional Officer (South) NIT, Nagpur, on 20.12.2019, has

forwarded the said application to the Assistant Commissioner,

Hanuman Nagar Zone, NMC, Nagpur for further action.

12. That, in the year 2023, it came to the knowledge of my client that

you noticee no.1 has granted the temporary permission to erect the

mobile tower for the period of 5 years to you noticee no.3 on the said

location. Since 2017, all the residents of the aforesaid society and my

client are against the erection of the said illegal mobile tower in the

vicinity of their houses and have filed several applications,

representations and complaints to the various authorities working

under you noticee no.1. Yet you noticee no.1 has failed to take any

action on those applications, representations and complaints files for

larger interest of public. Further you noticee no.1 without due

verification of the documents filed by you noticee no.3 has illegally

granted the permission to you noticee no.3 to erect the mobile tower in

the residential area.

13. That, as mentioned in para 6, you noticee no.1 has rejected the

application of you noticee no.3 vide rejection order dated 13.05.2020

mentioning the reasons for rejection of the application. As soon as my

client came to know about the granting of permission for the tower, filed

an application on 13.02.2024 under Right to Information Act for the

copies of the file of you noticee no.3 and subsequently received the

same.
14. That, It is clearly seen from the documents received under RTI Act

that even on the date of receiving the documents, you noticee no.3 has

not submitted the required document to you noticee no.1 for which the

application of you noticee no.1 has been rejected. Further, you noticee

no.1 has without verifying that the required documents have been

submitted or not, has illegally granted the permission to you noticee

no.3. Further, most of the documents submitted by you noticee no.1

have not been filled properly. This is clearly the violation of the

guidelines given by the Government on the part of you noticee no.1.

Thus, this is clear that you noticee no.1 with hand in glove with you

noticee no.2 and you noticee no.3 have cheated the government for your

personal benefits and neglected the numerous applications,

representations and complaints made for the benefits of public at large.

15. It is general rule that, the mobile tower has to be installed 50

Meters away from the residential area as the radiation emanating from

the said mobile tower causes various effects on human body and worked

as a slow poison upon the human Body. People who live near mobile

phone towers within 50 meters and for a long time may be exposed to

potential health risks, including: Fatigue, Headaches, Muscle pain,

Nausea, and Decline in general health. For the reason my client and

other residents of the said society have raised an objection for erecting

the said mobile tower.

16. That, in view of above mentioned circumstances

hereinbefore, I do hereby call upon you noticees to dismantle and

remove the said illegal mobile tower erected on the aforesaid

location within the period of 30 days from the receipt of this legal

notice. Failing in which, my client shall be compelled and

constrained to initiate appropriate legal proceeding against you

noticees. You noticees will be liable for all the claims, costs and

consequences resulting therefrom.

May good sense prevail upon you noticees. This notice is issued

without prejudice to my other rights, claims and contentions in

this matter.

NAGPUR

26.04.2024 AMOL B. MENDHE

Advocate