RAMSWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This batch of writ petitions has been filed by the petitioners being aggrieved with the erection of Cellphone Towers (Ground Based Mast, Roof Top Antenna Towers and Wi-Fi Antenna) by the private telecommunication companies in the various localities of the State of Rajasthan.

(2.) The principle argument of the learned counsels for the petitioners in these writ petitions is to the effect that the Cellphone Towers are being erected in densely populated areas nearby the schools, temples and public utility places and serious health risk likely to occur due to radiation from the said Cellphone Towers. The petitioners have claimed that the Cellphone Tower is not safe for health as it releases radiation, which affects human life. The petitioners therefore, prayed that local bodies such as Municipal Corporations, Municipal Councils and Gram Panchayats be directed not to issue No Objection Certificates to the telecommunication companies for erecting Cellphone Towers in the densely populated areas or nearby the schools or public utility places. The petitioners have also prayed for cancellation of the No Objection Certificates issued by the local bodies for erection of the Cellphone Towers.

(3.) The other contention of the petitioners is this that the local bodies have issued No Objection Certificates to the private telecommunication companies for erecting Cellphone Towers in violation of the order dated 31.08.2012 passed by the Urban Development Housing & LSG Department, Government of Rajasthan, whereby the private telecommunication companies are allowed to erect Cellphone Towers on certain terms and conditions. It is contended that the terms and conditions have not been followed by the local bodies as well as the private telecommunication companies before erecting the Cellphone Towers. It is also contended that State Authorities as well as the local bodies are not complying with the directions given by the Division Bench of this Court in Justice I.S.Israni (Retd.) & 3 Anr. vs. Union of India & Ors., 2013 2 WLC(Raj) 603.