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Judgment
Heard the counsel for the parties on both sides.
The applicants herein, have sought for the relief in connection with the construction activities of the cell phone towers and also sought for an interim injunction to restrain the construction activities connected to in respect of the cell phone towers more particularly in residential areas on the plea that Electromagnetic Radiation emitted by the towers causes pollution and health hazard to the people. At the time of admission an interim injunction was also granted in a case or two.
The counsel for the respondents have filed their respective reply.
During the pendency of these applications, it was brought to the notice of the Bench that the same subject matter was pending before the Hon'ble Principal Bench, New Delhi and on that ground the applications were adjourned. On the day of last hearing, a copy of the Judgement of the Principal Bench made in Original Application Nos. 61 of 2012, 78 of 2014, 129 of 2015, 147 of 2015, 247 of 2015, 379 of 2015 and 383 of 2015 dated 10.12.2015 was filed. The same is perused. It would be more apt and proper to reproduce Paragraph No.33 of the said Judgement:
'' 33. In view of the above discussion, we are of the considered view that radiation i.e. Emission of electromagnetic waves from the towers constructed by the respective respondents does not fall within the ambit, scope and jurisdiction vested in this Tribunal under the provisions of the NGT, Act with reference Environment (Protection) Act, 1986.''
The Bench has to necessarily follow the decision of the Hon'ble Principal Bench, New Delhi. In view of the decision holding that the construction activities of the cell phone towers by the respondents do not fall within the ambit, scope and jurisdiction vested with the Tribunal under the provisions of the National Green Tribunal (NGT) Act, 2010 with reference to Environment (Protection) Act, 1986, all these applications have got to be necessarily dismissed since they do not arise for consideration before the Bench under NGT Act;, 2010.
Hence, all the applications are dismissed holding that the Tribunal has no jurisdiction to entertain these applications. Accordingly, all these applications are dismissed and interim injunction already granted is vacated. No cost.