RELIANCE INFRATEL LIMITED Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner herein calls in question legality, validity and correctness of order dated 06.08.2009 passed by Sub-Divisional Officer, Dondilohara by which said officer has allowed the application filed by respondent No.4 restraining the petitioner herein from installing its mobile transmission tower over the subject land on the ground that such an installation would be injurious to health of citizens.

(2.) Mr. Sachin Singh Rajput, learned counsel appearing for the petitioner, would submit that such an order passed by learned SubDivisional Officer is contrary to the facts and law available on the record. He would further submit that the decision of Kerala High Court in the matter of Reliance INFOCOM Ltd. v. Chemanchery Grama Panchayat and others, 2007 AIR(Ker) 33 , the decision of Himachal Pradesh High Court in the matter of Vijay Verma and others v. State of Himachal Pradesh and others,2015 SCCOnLineHP 2722 and the decision of Delhi High Court in the matter of Kapil Choudhary and others v. Union of India and others,2016 SCCOnLineDel 2558 on the point in dispute has not been considered by the learned Sub-Divisional Officer in which it has clearly been held that installation of mobile phone towers and emission of waves by the said towers is not in any way harmful for the health and hazardous to the health of citizens.

(3.) On the other hand, learned counsel appearing for the respondents would support the impugned order.