- (1.) This order shall dispose of a bunch of petitions as the common question of law and facts involved therein. However, the facts are being referred from CWP No. 10412 of 2008.
(2.) The petitioners have filed a Public Interest Litigation under Article 226 of the Constitution challenging the action of the respondents in erecting/installing the mobile towers in the residential area of village Landha, Tehsil and District Ambala and further to take stern action against the respondents for creating health hazards.
(3.) The petitioners are residents of village Landha, Tehsil and District Ambala, having their residential houses within the abadi deh of the said village. It is alleged that Shri Krishanrespondent No. 3, who is also a resident of the same village, without any right, title and interest, entered into an agreement with Bharti Airtel Ltd.-respondent No. 2 regarding installation of electronic communication tower on the common land of the village. It has further been alleged that the Gram Panchayat of village Landha has not passed any resolution permitting installation of tower at the common land nor any permission has been sought from the competent authority. According to the petitioners, if the mobile tower is allowed to become operational it would emit waves, which is health hazard for the residents of the village because the site in question is located in the centre of the abadi of the village. There is also a village pond nearby which is being used by all the villagers. The Government High School as well as Primary Health Centre are at a distance of about 200-300 sq. ft. from the site in question.;