Delhi High Court
Indus Towers Ltd vs North Delhi Municipal ... on 23 February, 2022
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 23rd February, 2022
+ W.P.(C) 11831/2021& CM APPL. 36584/2021
INDUS TOWERS LTD ..... Petitioner
versus
NORTH DELHI MUNICIPAL CORPORATION ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Rohit Jain, Advocate
For the Respondents: Ms. Khushboo Nahar and Ms. Latika Malhotra, Advocates
for North DMC
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J
1. The hearing was conducted through video conferencing.
2. Petitioner impugns work stop notice dated 27.08.2021 requiring
the petitioner to stop further work of installation of a
telecommunication tower on property bearing No. 50, F-Block, Baljit
Nagar, Punjabi Basti, near Ramjas Ground, New Delhi.
3. Learned counsel for the petitioner submits that the permission
for installation of a telecommunication tower was duly granted on
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:23.02.2022
Signing Date:23.02.2022 23:01:20 21:40
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
23.08.2021 after petitioner had complied with all the requisite
formalities and obtained permissions for installation of the said tower.
4. Learned counsel submits that after the tower installation work
commenced the impugned work stop notice dated 27.08.2021 was
issued requiring the petitioner to stop further construction work.
5. Counter affidavit has been filed by the respondent wherein it is
confirmed that permission to commence the installation process was
allowed only after receipt of all requisite documents from the
petitioner and on completion of all the formalities.
6. The counter affidavit states that the work stop notice had to be
issued as complaints were received from residents of F-Block, Baljit
Nagar raising objection with regard to installation of tower. Copies of
the complaints have been annexed with the counter affidavit.
7. Perusal of the complaints annexed with the counter affidavit
show that the only objection taken is that the installation of a tower in
the colony is harmful and may cause great harm to children, old
people and pregnant women.
8. It is not in dispute that petitioner has complied with all the
requisite formalities for installation of the telecommunication tower
and permission was granted only after the petitioner fulfilled the
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:23.02.2022
Signing Date:23.02.2022 23:01:20 21:40
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
conditions.
9. Petitioner, as per the Circulars of the Respondent-Corporation,
has to also comply with the requirements of appropriate protective and
preventive measures to be taken post installation and commission of
the telecommunication tower.
10. Further, it may be noticed that the objection raised by the
residents that the tower is likely to cause harm to children, old people
and pregnant women is no longer res integra as by judgment dated
26.04.2016 a Division Bench of this Court in W.P. (C) No. 5550/2015
titled Kapil Chaudhary & Anr. Vs. Union of India & Ors. has
categorically held that there is no scientific data available to show that
installation of mobile phone tower and emission of waves by the said
tower is in anyway harmful for the health or hazardous to the health of
citizens. There is no conclusive data to the said effect.
11. The Division Bench in Kapil Chaudhary (supra) was
considering a public interest petition seeking removal of the mobile
towers installed in residential area. The ground raised in the petition
inter alia was that the presence of the towers will cause diseases on
account of radiation that is emitted. The Union of India had filed a
Counter Affidavit therein stating that "many studies have been
conducted on the health hazard of radiations of mobile phone
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:23.02.2022
Signing Date:23.02.2022 23:01:20 21:40
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
towers/networks. These studies have been conducted under the aegis
of WHO. The studies have concluded that there is no conclusive
scientific evidence of adverse health effects due to low level of RF
emission from mobile phone towers"
12. The Division Bench after considering several Judgments of
various High Courts wherein similar pleas had been rejected held as
under:
"12. In view of the above, it is clear that there is no
scientific data available to show that installation of
mobile phone towers and the emission of the waves by
the said towers is in any way harmful for the health or
hazardous to the health of citizens. There is no
conclusive data to the said effect. The petitioner has not
been able to produce any data whatsoever showing any
such harmful effects on the health of human beings. The
petitioner has also not been able to show violation of any
norms by the respondent."
13. In view of the above, the work stop notice issued by the
respondent Corporation, solely on the ground of the above referred
complaints received from residents, is not sustainable. Accordingly,
the work stop notice dated 27.08.2021 is quashed.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:23.02.2022
Signing Date:23.02.2022 23:01:20 21:40
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
14. Petitioner would be at liberty to carry out the installation of
telecommunication tower as per with the sanction/permission granted
by the Corporation in accordance with law. Petitioner shall also
comply with the post installation and commission stipulations.
15. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through email by the Court
Master.
SANJEEV SACHDEVA, J
FEBRUARY 23, 2022/'rs'
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:23.02.2022
Signing Date:23.02.2022 23:01:20 21:40
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
