The Calcutta High Court on May 12 , while disposing a Petition of a Senior Citizen , directed the Concerned Authorities to inspect the health and condition of the mobile tower installed on the roof of the building of the petitioner.
The Petition was filed by one Rama Paul. According to the Petitioner by an agreement dated 23rd June, 2008, the Private Respondent was permitted to install a mobile tower on the roof of the building of the Petitioner.
Sudip Ghosh Chowdhury , Councel for the Petitioner alleged that due to the failure on the part of Private Respondents from making proper repairing work of the mobile tower, the condition of the tower becomes dangerous to human habitation, it may fall on the roof at any point of time causing danger to human life and habitation of the said house as well as the neighbouring area.
It is also alleged by the Petitioner that she made an application before the Concerned Authorities for an inspection to consider the health of the said mobile tower but Authorities did not inspect the premises in question till date .
Manas Kumar Kundu , Advocate for the State on the other hand, submitted that there was no privity of contract between the petitioner and the Municipal Corporation and Private Respondent at the time of agreement. The dispute between the parties essentially relates to non-payment of rent. Therefore, the Petition is not maintainable and the Petitioner can have proper remedy by filing a civil suit. Furthermore, the agreement in question has an arbitration clause and over dispute between the parties, the matter should be referred to the Arbitration.
A Single Bench of Justice Bibek Chaudhuri after hearing the Counsels for the parties held that the petitioner has not raised any grievance with regard to the agreement in question. There is no dispute between the parties which can be refereed to the Arbitration. The petitioner wants an expert’s report regarding the health and condition of the mobile tower fixed by Private Respondent in the year 2008. The Petitioner being a resident within Kolkata Municipal Corporation and a tax payer can pray for such direction upon the Authorities to protect her residential house and life and property of its inmates.
“Considering such view of the matter, the instant writ petition is disposed of directing the respondent Nos.2 and 4. (Concerned Authorities) to inspect the mobile tower set up on the roof of the premises in question within 30 days from the date of communication of this order and submit a report to the Petitioner”, ordered the Bench while disposing the Petition.