DHUP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition under Article 226/227 of the Constitution of India is for issuance of writ in the nature of prohibition restraining the official respondents from installing mobile tower in the residential area in the village of the petitioners being harmful due to radiation side effects to the residents of the nearby houses.

(2.) THE petitioners are residents of the area where the official respondents are installing the mobile towers on site which is nearby to the house of the petitioners. A representation dated 28.02.2013 in this regard has been submitted by the petitioner along with certificate of Sarpanch. They are seeking cancellation of installation of BSNL mobile tower in village Haibatpur as it will cause adverse effect on the health of all the villagers and will cause noise pollution. Petitioner No. 1 is suffering from cancer and already undergoing chemotherapy at PGIMS Rohtak. Petitioner No. 3 is already having two stunts in his heart valves and also an old patient of cancer who had already undergone chemotherapy from PGIMS Rohtak about 3 years back and is still undergoing treatment. Petitioner No. 4 is a young boy and has undergone heart surgery at the Indraprastha Apollo hospital Delhi in the year 2010 wherein the doctor certified that he should not be exposed to strong electromagnetic radiation and should avoid even a metal detector.

(3.) WHO in its Fact Sheet No. 304, May 2006 on Electromagnetic Field and Public Health (Base Stations and Wireless Technologies) has concluded that "considering the very low exposure levels, there is no convincing scientific evidence that the weak RF signals from base stations and wireless networks cause adverse health affects.