- (1.) BY this petition under Article 226 of the Constitution of India, petitioners have approached this Court with a complaint that with the advent of Mobile Telecommunication Network, permissions have been granted by respondent Nos.1 and 2 to install what is popularly known as Base Station Controller (HUB) on Residential Buildings and Apartments. Such permission disregards the mandate of Article 21 of the Constitution of India, which guarantees life and liberty to citizens and persons. Initially, this petition was filed for a writ of mandamus or for any other appropriate writ order or direction directing the respondents originally impleaded to remove, dismantle or cause to be removed or dismantle the cellular/microwave Antenna and Hub installed at roof top of a building known as Jolly Maker Apartment No.II, Cuffe Parade, Mumbai.
(2.) HOWEVER , this matter was placed before a Division Bench of this Court presided over by the learned Chief Justice, Dalveer Bhandari (as His Lordship then was) and Dr.Justice D.Y.Chandrachud. Upon noticing the question and issue involved, the Division Bench observed that this petition is in the nature of a public interest litigation. In these circumstances, the Court directed issuance of notices to Union of India, Mumbai Municipal Corporation as also permitted impleadment of M.T.N.L., Hutchison Max and B.P.L. Mobile Ltd. in addition to private telecom operator viz., Bharti Cellular. It is in this light that we have considered the submissions of the learned Senior Counsel appearing for petitioners as well as respondents. Brief reasons would have to be indicated for the interim order and direction that we propose to issue in this petition (PIL).
(3.) FIRST contention raised by Mr.Chagla, learned Senior Counsel appearing for petitioners is that installation of such HUB on the roof top of a residential building violates the right to life and mandate of Article 21 of the Constitution of India is breached by the authorities. His second contention is that there is a reasonable apprehension that emission from HUB affects health of people residing in the vicinity. He states that installation of HUB on residential building would add to the apprehension further. Such buildings are inhabited by residents who include senior citizens, women and children. Often, old, sick persons and infants also reside in the building and structures. Therefore, it is all the more necessary that appropriate orders and directions be issued to the authorities not to permit installation of HUB. He submits that the petitioners do not object to the installation of the Antenna but their main objection pertains to a HUB being installed on roof top of residential buildings, which are located very close to each other, in the city of Mumbai. He submits that authorities can explore possibilities of installation of such HUB on commercial premises but that too without sacrificing the constitutional guarantee as aforesaid. He states that in the vicinity of present building Jolly Maker Apartments II there is a school viz., G.D.Somani Memorial School and even the Principal/ Teacher thereof has joined the present petition.;