AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Sri G. Rama Rao, learned Senior Counsel appearing for the petitioner and Sri Suresh Kumar Reddy Kalava, learned standing counsel for the respondents.
The petitioner before this Court is a Company that was engaged in the business of construction of telecommunication towers. They have secured approval of the 1st respondent to construct a telecommunication tower on a building bearing door No.10/646 situated in Survey No.22/2 of Santhapeta, Nellore.
Learned senior counsel for the petitioner submits that the petitioner started construction, but suddenly in May, 2020, by notice, dated 26.05.2020, the petitioner was directed to stop the work, because a complaint was received from the neighbours against the proposed erection of the tower, stating that it is harmful to human beings, and that it emits electromagnetic radiation. He further submits that when permission was granted, after considering the petitioner's explanation, no condition was imposed that the complaint from the neighbours could be a reason to stop the work. On the other hand, he draws the attention of this Court to Clause 4 of the provisional no objection certificate which states that the applicant shall solve the issues which are raised by the public about erection of towers. Therefore, he states that listening to the neighbours or going on the neighbours complaint and directing the petitioner to stop the work, is not within the conditions of sanction. He, therefore, prays for an order.
Learned standing counsel for the respondents argues that what was given was a provisional no objection certificate, and in addition, he states that PIL No.144 of 2020 was filed questioning the action of the respondents in stopping the work on the very same building. He points out that the PIL was disposed of stating that the 1st respondent should look into the matter. Therefore, he submits that as a detailed explanation was given, the respondents are prepared to look into the issue.
This Court, after hearing both the counsel, is of the opinion that this Court itself in a number of orders has come to a conclusion that the issue of radiation from these towers has not been scientifically proved. This Court is bound by the judgments passed by the coordinate Benches of this Court including the order in W.P.No.5677 of 2020. If there is an issue about radiation, a provision was given to enable the complainants to approach the Telecom Enforcement and Resources Monitoring (TERM) Cell of the Department of Telecommunications (Dot), Government of India, itself.
In that view of the matter, this Court is of the view that on the alleged ground that there would be radiation effect, the construction of the tower cannot be stopped.
The writ petition is, therefore, allowed, directing the respondents not to interfere with the construction of the cell tower on the ground that the neighbours have complained about the radiation effect. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, in this writ petition shall stand closed.