JAGRUK NAGRIK SANGHATANA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petition is filed in Public Interest Litigation seeking directions against the three local authorities viz. Pune Municipal Corporation, Pimpri Chinchwad Municipal Corporation and Pimpri Chinchwad New Town Development Authority to remove illegally erected telecommunication towers with multiple antennas at the premises of Petitioners, as well as at various locations indicated in the petition. Petition also prays for a direction against the Department of Telecommunications ("DoT") as well as the State Government for creation of Grievance Redressal Committees at State, District and Local levels as per DOT guidelines dtd. 1/8/2013. The petition also seeks a direction for holding public hearings before erecting of telecommunication towers in a particular area.

(2.) Jagruk Nagrik Sanghatana is claimed to have been formed by Petitioner Nos. 2 to 6 and 9 along with various other persons, who work on issues relating to hazardous effects of Electro Magnetic Radiations of telecommunication towers, erected in densely populated localities. Petitioners collectively believe that radiations from telecommunication towers cause various health hazards and amounts to a violation of health rights which are directed connected with 'living with human dignity' under Article 21 of the Constitution of India. It is contended that a mobile tower with multiple antennas has been erected adjacent to the structure of Petitioner No.2. Petitioner No.2 has been suffering due to noise and air pollution of the D.G. set of the mobile tower. The family members of Petitioner No.2 started suffering from high blood pressure and heart problems, and in the year 2017, he lost his wife due to cancer. Petitioner No.2 believes that the radiations from the telecommunication tower have killed his wife. Petitioner No. 3 resides at Nigadi in the jurisdiction of Pimpri Chinchwad New Township Development Authority ("PCNTDA") and claims that many people residing around the tower, erected 100 mtrs. from his residence, are suffering from high blood pressure and have succumbed to cancer. Petitioner No. 4 is also resident of PCNTDA and a telecommunication tower is erected 50 mtrs. away from his residence. The wife of Petitioner No.4 was detected with breast cancer in absence of any history of cancer in the family. Petitioner No.5 is a medical professional and has formed Jagruk Nagrik Sanghatana. It is claimed that Petitioner No.5 has studied the phenomenon of electromagnetic radiations and has also published a book on the subject. Petitioner No.6 is a member of Petitioner No.1-Association. Petitioner No.7 is a social worker and an expert in electromagnetism, who claims to have studied various research materials relating to emissions from telecommunication towers and other wireless equipment, and their biological hazards. Petitioner No.8 is also a medical professional, having dispensary at Ghorpade Peth, Swargate, Pune. On the top of terrace of building of Petitioner No.8, telecommunication tower with multiple antennas was installed in 2007. It is claimed that due to electromagnetic radiations, the landlord/owner of the building succumbed to cancer in October 2007. That Petitioner No.8 himself suffers from high blood pressure, asthma and insomnia since 2009. His colleague has also suffered from migraine, high blood pressure and sleep disturbance. Petitioner No.9 is resident of PCNTDA and a telecommunication tower has been erected at a distance of less than 100 mtrs. from his residence. Petitioner No. 9 has lost both his parents in the year 2016 and 2018 respectively due to cancer. Petitioner No.9 believes that the deaths of his parents were caused because of harmful radiations emanating from the said telecommunication tower.

(3.) Petitioner No.9 filed application under the Right to Information Act, 2005 with PCNTDA to find out legality of telecommunication tower erected near his residence, and whether PCNTDA had issued any permission to the said telecommunication tower. Petitioners also sought information relating to illegal telecommunication towers erected in PCNTDA area and were issued list of such illegally erected towers vide reply dated 6-7/12/2018. Petitioners complained to PCNTDA about such telecommunication towers and demanded their removal. Petitioners have also attached a list of telecommunication towers erected in densely populated areas on residential buildings in PCNTDA and PCMC areas. Petitioners have also complained to various authorities, highlighting hazardous effects of electromagnetic radiations on citizens residing in proximity of telecommunication towers.