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Madhya Pradesh HC directs civic body to decide on mobile tower, disposes of PIL

Madhya Pradesh High Court on Wednesday directed Urban Local Bodies to decide the representation against the installation of mobile tower in the crowded locality within 15 days.

The Jabalpur Bench of Madhya Pradesh High Court on Wednesday directed Urban Local Bodies to decide the representation against the installation of mobile tower in the crowded locality within 15 days.

The petitioners Ashif Husain and others have filed the PIL, seeking a direction to the respondents to take action on their complaint/representation against the installation of the mobile tower by the mobile companies in the dense and crowded locality as the people in those area experience sleep disorders, fatigue, headache, memory loss, depression, hearing problems, joint pains, skin diseases etc.

Swapnil Ganguly, counsel for the state has pointed out that the government has framed the rules called M.P. Nagar Palika (Installation of Temporary Tower/Structure for Cellular Mobile Phone Service) Rules, 2012 and under the said rules, a mechanism for redressal of such grievance has been provided. Counsel for the state placed reliance on the order dated December 1, 2017, passed in W.P. No.20741/2017 (Smt. Maya Devi Verma Vs. State of M.P. and others) passed by the single bench.

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The division bench of Chief Justice Mohammad Rafiq and Justice Sanjay Dwivedi while considering the PIL ordered, “We deem it proper to dispose of the writ petition by granting liberty to the petitioners to approach the competent authority/Urban Local Body concerned raising their grievance regarding the installation of the tower. The said representation of the petitioners shall be considered and decided by the competent authority within a period of 15 days from the date of receipt of the objection/representation in accordance with law.”

With the above ordered the court disposed of the PIL.

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