THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.4973 of 2009 ORDER: The petitioner is the owner of premises, bearing House No.6-15 of Hyma Hospital Road, Ramakrishnapuram, Chirala Mandal, Prakasam District. He entered into an agreement with M/s. Reliance Infratel Limited, Mumbai, for erection of a cell tower, upon his land. When attempts were being made to construct the tower, the Gram Panchayat, the 2nd respondent herein, issued a notice to the petitioner stating that the tower cannot be constructed, without obtaining permission under Section 121 of the A.P. Panchayat Raj Act, 1994 (for short ‘the Act’). The petitioner states that the Government of A.P. issued G.O.Rt.No.662, Panchayat Raj and Rural Development, dated 05.05.2008, enabling the reliance communications to erect towers at various places in the State, and in that view of the matter, no permission is necessary from the 2nd respondent. Heard learned counsel for the petitioner, learned Government Pleader for Panchayat Raj and learned Standing Counsel for the 2nd respondent. The petitioner does not dispute that the permission from the Gram Panchayat is necessary under Section 121 of the Act, before any construction is undertaken within the limits of the Gram Panchayat. The installation of a cell tower and other infrastructure would naturally involve in construction activity. Placing reliance upon G.O.Rt.No.662, dated 05.05.2008, the petitioner submits that it is not necessary to obtain permission from the 2nd respondent. The contention of the petitioner cannot be accepted. The reason is that, nowhere in the G.O., the Government had exempted the permission for construction of towers, from the purview of Section 121 of the Act. Further, various aspects, such as, the safety and security for the persons around, need to be taken into account, whenever such constructions are made. The Gram Panchayat would be under obligation to invite objections and consider the same with reference to the relevant provisions of law. Therefore, no exception can be taken to the impugned notice. Hence, the Writ Petition is dismissed. It is left open to the petitioner to seek permission from the Gram Panchayat and undertake construction, on the basis of the permission that may be granted by the Gram Panchayat. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J. Dated:22.04.2009. GJ