The Uttarakhand High Court has directed the District Magistrate, Dehradun to consider petitioner’s representation regarding the issue of installation of Mobile Tower near Anganwadi Kendra.
The Division Bench of Acting Chief Justice Manoj Kumar Tiwari and Justice Vivek Bharti Sharma disposed of a Public Interest Litigation filed by the petitioner raising the issue of installation of Mobile Tower. According to him, Mobile Tower is being installed near the house of private respondent and the authorities be directed not to permit installation of the said Mobile Tower.
Pranav Singh , counsel for petitioner submitted that the place, where Mobile Tower is being installed, is next to an Anganwadi Kendra, and due to the radiations emitted by the Mobile Tower, health of the toddlers, studying in said Anganwadi Kendra, would be adversely affected.
He further submitted that the concerned Agency has not even sought permission from the concerned authorities for installing said Mobile Tower.
The State Counsel, however, submits that, as per the Rules regarding Mobile Towers, applicable in the State of Uttarakhand, there is no prohibition in installing/ erecting Mobile Tower near school, hospital, Anganwadi Kendra etc.
He further submitted that there is no empirical study done so far, which proves that the radiations emitted by Mobile Towers are harmful for health. He further submits that the Petition appears to have been filed in public interest, but there is no public interest, worth the name, involved in the matter.
The High Court find substance in the submission made by the State Counsel. Where a Mobile Tower should be erected/ installed, is a decision, which needs to be taken by the authorities. In the absence of any empirical study that the radiation emitted from a Mobile Tower is dangerous to human life, the authorities cannot be restrained from erecting Mobile Tower at the place where it is being erected. Thus, there is no scope for interference in the matter , held by the High Court.
The counsel for petitioner then submitted that petitioner had made a representation to District Magistrate, Dehradun, who may be directed to take a decision thereupon.
“We, accordingly, dispose of the Writ Petition, with a direction to District Magistrate, Dehradun to consider petitioner’s representation, and pass appropriate orders thereupon, as per law/ policy, within four weeks from date of production of certified copy of this order, along with copy of the representation”, the order reads.