SRINAGAR: In a significant development, a court in Ganderbal has issued a stay order on the construction of a BSNL tower at Akhal Kangan, Ganderbal. The decision came after a hearing in which multiple parties presented their arguments and concerns regarding the proposed site for the telecom tower.
Advocate Abid, representing the applicant, and Advocate Umer Rashid, representing defendants were present in court. The court clerk OQ was also present on behalf of the revenue officials. Advocate Rashid argued that the construction of the BSNL tower had commenced without obtaining the necessary No Objection Certificate (NOC) from the Flood and Irrigation Control Department. He referenced communication No. 3618-17 from the Executive Engineer of the Irrigation and Flood Control Division Ganderbal, which raised concerns about the location of the proposed tower.
The communication highlighted that the proposed site is flood-prone, and the adjacent areas are also at risk. The plaintiff, whose land is adjacent to the proposed site, expressed concerns that allowing the construction would divert floodwaters towards his property.
According to the court, JTO Mehraj was misleading the Court, Revenue, and BSNL departments by claiming that he had obtained NOC 8509-12 for the construction of a tower at the specified location. However, the Honourable Judge argued that the document clearly states that the new site is away from the previous location and that fresh revenue papers are required for this new site. Despite this, Mehraj had started working on the previous site, which is flood-prone, and he had no answers for that.
Mehraj ud Din, Incharge of SDA BSNL Ganderbal, appeared in person and assured the court that they had addressed the concerns raised by the Irrigation and Flood Control Department. He stated that the department had issued the requisite NOC for constructing the tower at a newly identified location. However, he was unable to produce a copy of the NOC in court and requested two days to submit the document.
Given the prima facie evidence, the court found that the proposed site is indeed flood-prone. The judge emphasised the necessity of obtaining the NOC from the Flood Control Department, deeming it a mandatory requirement. Therefore, the court ruled in favour of the plaintiff, stating that the balance of convenience is currently with the plaintiff until the requisite NOC is produced.
The court ordered defendants to maintain the status quo at the site until the next hearing or until they produce the required NOC. Additionally, the Tehsildar of Kangan was directed to visit the site and submit a detailed report on the current conditions.
The application is scheduled for further proceedings on July 11, 2024. The dispute revolves around the proposed relocation of a telecom tower by BSNL in the flood-prone area of Akhal Kangan, Ganderbal. The initial objection was raised by the Assistant Executive Engineer Flood Control Sub Division Ganderbal, who noted the site’s vulnerability to flash floods. Following a site visit by a joint team from the Irrigation and Flood Control Division, Revenue Ganderbal, and BSNL, a safer location was identified, and BSNL agreed to implement necessary flood measures.
However, the ongoing concerns and the absence of the NOC in court led to the current stay order, highlighting the importance of adhering to regulatory requirements in construction projects, especially in vulnerable areas.
