Allahabad High Court
Rajesh Kumar vs Union Of India And 4 Others on 17 March, 2021
Bench: Sanjay Yadav, Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 672 of 2019
Petitioner :- Rajesh Kumar
Respondent :- Union Of India And 4 Others
Counsel for Petitioner :- Indresh Chandra,Awadhesh Kumar Sharma
Counsel for Respondent :- A.S.G.I.,C.S.C.,Purnendu Kumar Singh,Purnendra Kumar Singh,Purnendu Singh
Hon'ble Sanjay Yadav,J.
Hon'ble Ajay Bhanot,J.
The petitioner, by way of present public interest litigation, seeks following relief:-
"To issue a writ, order or direction in the nature of mandamus commanding the respondents to stop the operation of mobile established by the respondent No.5/Indus Tower Limited, B-3/3, Vibhuti Khand, Gomti Nagar, Lucknow situated in village-Bari Goan, Near Dhakwa Bari Goan, Police Station-Sikariganj, Tehsil-Khajani, District-Gorakhpur."
On being noticed, the respondents No.1, 3 and 4 has filed counter affidavit wherein while referring to the following observation made by the coordinate Bench of this Court in Public Interest Litigation (PIL) No.48084 of 2015 (Smt. Asha Mishra Vs. State of U.P. and 7 others) decided on 12.04.2016:
"However since the issue raised in the petitions related to public health and safety and bearing in mind the command of Article 21 we delved even further to consider whether there was any material, which justified the invocation of our constitutional powers to injunct the seventh respondent from establishing the mobile towers or BTS's.
We felt constrained to burden this judgment with various extracts of the findings and recommendations of DOT, the Parliamentary Standing Committee as well as the WHO in order to establish that a plethora of material gathered by experts clearly negatives the perceived and alleged imminent threat and danger to health as was sought to be canvassed before us. All the experts have unanimously voiced their opinion that the present body of scientific research does not justify the threat to health and life as is sought to be portrayed by some quarters including the petitioners before us.
On the above state of the record we find no merit in the challenge raised by the petitioners on this score. Bearing in mind the present conclusions and findings on the subject as expressed by experts across the board we find that there exists no justification for the submission of a present and imminent danger or threat to human health from the radiation emitted by mobile towers and BTS's. We further note that the studies undertaken both in India as well as by other international organizations have unanimously opined that the emissions from these equipments are minuscule and do not warrant the anxiety or fear which is sought to be generated in this batch of petitions. Our conclusion so recorded is of course not intended to relieve DOT or the Union Government from its obligation of continuing a scientific review of the subject. However in light of what we have found above, we rule against the petitioners insofar as Issue No. I is concerned."
It is submitted by the learned counsel for the respondents No.1, 3 and 4 that in furtherance to the directions issued in the said petition, State and District Level Telecom Committees (STC) are being constituted by the State Government, Uttar Pradesh vide Government Order No.R-194/2015-C.X.2/22/2004 (187) dated 27th March, 2015 for redressal of the grievances raised against installation of mobile towers.
Learned counsel for the petitioner whenconfronted with these facts prays for withdrawal of petition with liberty to file complaint before the District Level Telecom Committee. It is however contended that the petitioner has already preferred a representation before the District Level Telecom Committee.
Since in our considered opinion the representation preferred by the petitioner is allegedly not acted upon, we direct that in case the petitioner files a fresh representation in respect of the grievances raised in the present petition within 30 days from today, the District Level Telecom Committee shall dwell upon the same and decide it objectively within a period of 90 days on receiving of representation.
The petition is disposed of finally.
Order Date :- 17.3.2021
Ashish Tripathi
(Ajay Bhanot, J.) (Sanjay Yadav, J.)
