Taking exception to Telecom Ministry (MoCIT) not responding to its notice in a case of alleged illegal installation of mobile phone towers, the National Green Tribunal today issued warrant against its Secretary but kept the order in abeyance till May 2.
A tribunal bench headed by Chairperson Justice Swatanter Kumar put off execution of the bailable warrant till the next date of hearing after counsel appearing for Ministry of Environment and Forests (MoEF) said she will take instructions to appear for MoCIT also.
"Nobody is present on behalf of respondent no 1 (MoCIT) despite service (of notice). Counsel appearing for parties commonly conceded that presence of respondent 1 is absolutely necessary for proper adjudication of the matter. Consequently, we issue bailable warrant against Secretary, MoCIT in the sum of Rs 10,000 to the satisfaction of the arresting officer....
"At this stage, counsel appearing for respondent 2 (MoEF) submits she will take instructions to appear for Secretary, MoCIT. At her oral request, the issuance of bailable warrant be kept in abeyance till next date," the bench said.
The Tribunal (NGT) issued the warrant after MoCIT remained unrepresented in the case despite the NGT taking up the issue five times, including today, after notice was issued to the Ministry on November 21, 2012.
The NGT had issued notice to MoEF, MoCIT, Ministry of Health and telecom firms -- Bharti Infratel Ltd, Airtel, Idea, Vodaphone, Tata, Reliance and Bharat Sanchar Nigam Ltd -- on the plea of Delhi resident Arvind Gupta who had alleged inaction on Centre's part in strictly implementing guidelines regarding installation of mobile towers in the country.
The Tribunal had also restrained the telecom firms from installing new mobile towers in the country without following mandatory provisions of law and obtaining necessary permission from the competent authority.
