DB directives in PIL regarding shifting of Mobile Transmitting Towers from residential areas

03/01/2018

JAMMU, Jan 2: In a Public Interest Litigation filed by Navyug Sethi a law student seeking direction to respondents to issue appropriate directions to all those Telecom companies to shift/re-locate their Mobile Transmitting Towers from the residential areas to such places/areas which have been specifically earmarked and specified for installation of Mobile Transmitting Towers as per the guidelines as on 10.4.2016 issued by the Jammu Municipal Corporation, within such time as may be determined by this Court so that the residents having their residential houses/ establishments are saved from suffering serious diseases like cancer, sleep disorders, fatigue, headache, memory loss, depression, hearing problems, joint pains, skin diseases, and even cardiovascular problems which are inevitable because of radiation emitted by these towers.
A Division Bench of State High Court Jammu Comprising Chief Justice Badar Durrez Ahmed and Justice Sanjeev Kumar after hearing both the sides and gone through the status report filed by the JMC observed that it has been noticed from the list that there are many Towers which do not have the requisite permission an directed Jammu Municipal Corporation shall take action in respect of them in accordance with law and orders passed by the Writ Court, if any. When the PIL came-up for hearing, Division Bench added Department of Telecommu nications, Government of India as respondent No.13. Mrs Sindhu Sharma, learned ASGI, accepts notice on behalf of the said newly added respondent.
Division Bench further observed that counsel for the Jammu Municipal Corporation has filed a status report which indicates that there are three hundred and sixty (360) Cell Towers, which are either on the residential areas or on the residential buildings within the Jammu Municipal Limits. Sunil Sethi, Sr. Advocate, appearing on behalf of the petitioner, submits that the list apparently is incomplete because there are many Towers which, to his knowledge, have been left out, upon this Division Bench directed Jammu Municipal Corporation shall file an updated list.
Division Bench also noticed from the list that there are many Towers which do not have the requisite permission and directed Jammu Municipal Corporation shall take action in respect of them in accordance with law and orders passed by the Writ Court, if any. The Department of Telecommunications through its Term Cell shall have, each of the 360 Towers which are located in the residential areas, analyzed for the purposes of compliance with the DoT guidelines with regard to the emissions and radiations. The expenses for the same shall be provided by the respective Telecom Companies/ Tower Operators. JNF

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