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| Installation of telephone exchange challenged | | Court issues notices, orders status-quo | |
JAMMU, MAY 17
2nd Additional District Judge Jammu Mr. AK Koul in a petition filed by the residents of Sainik Colony Jammu against the installation of telephone exchange and tower in Plot No 278-E has issued notice to Secretary Sainik Cooperative Housing Building Society, Sainik colony Jammu, Mrs. Shakti Devi Sharma, Chief General Manager BSNL J&K circle and Registrar Cooperative Societies J&K for filling objections and in the meantime respondent No 2 and 3 shall maintain status-quo on spot till next date of hearing.
In the petition filed by Utray Kumar, Sudesh Choudhary, Jarnail Singh, Jalaj Singh and Rajesh Singh, residents of Sainik colony Jammu, through Advocate RS Thakur in which they pleaded that Mrs. Shakti Devi Sharma w/o Kasturi Lal Sharma in collusion with others more particularly BSNL has permitted installation of a telephone exchange and tower in plot No 278-E completely in violation of bye-laws and the lay out plan of the colony, without any permission from the society. Installation of telephone exchange or tower is purely a commercial activity which in no case could be started in the colony and if such activity is permitted it would damage the environment, privacy of the people and would also be hazardous for the residents around the said plot.
Mr. AK Koul, after hearing the counsel for the petitioners, observed that the Court believes that there is some justification in the submissions of the counsel of the petitioners. BSNL is a Corporation so not under the complete control of Government. It may be true that Government may be exercising some control over it. But that would not make it a Government or a public officer as stipulated in section 80 Cr PC. Court believes that plaintiffs/ petitioners have chance of succeeding in case and incase indulgence is not shown urgently, it may result in an irreparable injury not only to the petitioners but also to the residents of the entire colony as the suit has been filed in representative capacity and issued notice to other side for filling objection and ordered maintain of status-quo on spot
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