Yashwant Varma, J. - (1.) This batch of writ petitions has sought a restraint on the installation of mobile towers and 4G Base Transmitting Stations (BTS's) being established in different districts of the State. The installations in question are part of a 4G network being laid in place by the seventh respondent. The primary ground of challenge raised in these proceedings is based upon the alleged and perceived ill effects of electromagnetic radiation generated by the BTS's and mobile towers on human health. Placing reliance upon a report of one Prof. (Dr.) Girish Kumar, the petitioners sought to highlight the adverse impact and the serious health risk likely to occur on account of radiation from mobile towers and BTS's. Referring to the report of Prof. (Dr.) Girish Kumar, it was contended that emissions from mobile towers and BTS's have a serious and irreversible impact on the health and well being of individuals, resulting in neurological damage, impact on children and women, impact on fertility rates in human beings, lead to skin and ear damage and also effect vision. It was further contended that mobile towers as well as BTSs should not be permitted to be installed in densely populated areas, residential areas or in and around areas where mobile towers and BTSs already existed. The petitioners place reliance upon a report drawn up by a Parliamentary Standing Committee to contend that emissions from mobile towers and BTSs have been recognized to have an adverse impact on public health and their installation should be banned. The petitioners have also highlighted the absence of an effective grievance redressal and regulatory mechanism to oversee the installation of these towers and prevent their mushrooming growth.
(2.) On 31 August 2015, the Court called upon both the Union and the State Governments to file a response in these proceedings setting out the regulatory mechanism that may have been put in place for monitoring the levels of radiation emitted by mobile towers. The order further directed the Union and the State Governments to disclose on Affidavit all particulars relating to the following important aspects: "a) the process followed for grant of permissions or clearance for installation of mobile towers; b) the permissible distance between mobile towers; c) restrictions, if any, on setting up of mobile towers in residential areas; and d) the authority designated to carry out checks and verify levels of radiation emitted from such installation."
(3.) Pursuant to the aforesaid order both the State as well as the Union Governments have filed their responses in these proceedings. By a subsequent order dated 6 January 2016, this Court issued directions calling upon the Telecom Enforcement Resource and Monitoring Cell (TERM Cell) to submit a report with regard to the possible ramifications of the installation of the mobile towers and the BTSs by the seventh respondent. The Term Cell was required to submit a report after considering all relevant aspects including the location, distance from existing towers or cluster of towers and the extent of radiation from already existing towers. The Term Cell was called upon to conduct a site inspection of all places which formed the subject matter of this batch of writ petitions and file a report.;