Thursday, April 23, 2026

Latest:

2023 July 2023 Legal

Mobile Tower – objection of Gram Panchayat

July 21, 2023 legaldeli

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)

Leave a Reply Cancel reply

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“NDA”), and is a resource for your informational and educational purposes only.

No Warranty: NDA does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. NDA assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: NDA does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. NDA is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about NDA, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between NDA and you.