Mobile Tower – objection of Gram Panchayat
Salutary decision dated 20.7.2023 of the High Court of Bombay for the Mobile Companies – Absence of scientific data or material on radiation emission from mobile tower – permission to mobile tower erection cannot be stopped on apprehensions of the villagers.
Gram Panchayat Chikhalhol in District Sangli had issued NOC dated 30.6.2022 to the petitioner for erection of mobile tower in its vicinity, as per the Government Resolution dated 11.12.20215.
Thereafter, Resolution No.7 of Gram Panchayat was passed directing the petitioner to stop further work of erection of mobile on the ground of complaints of the villagers that radiation emitted from mobile tower is harmful to the health and can possibly be carcinogenic (means having the potential to cause cancer).
HELD – once NOC was issued, the Gram Panchayat loses its control over the subject. Secondly, the impugned decision to stop the work of erection of mobile tower is based on apprehensions of the villagers. Relying on the earlier decision in Biju K. Balan case (2019 SCC OnLine Bom 97) it was noted that there is no scientific material or data warranting prohibition on installation of mobile tower. WP was allowed.
Indus Towers Ltd Pune (formerly Bharti Infratel Ltd., Pune) Vs. Grampanchayat Chikhalhol (Writ Petition No.15779 of 2022)
