Ritu Bahri, J. - (1.) THIS petition under Article 226/227 of the Constitution of India is for issuance of writ in the nature of prohibition restraining the official respondents from installing mobile tower in the residential area in the village of the petitioners being harmful due to radiation side effects to the residents of the nearby houses.
(2.) THE petitioners are residents of the area where the official respondents are installing the mobile towers on site which is nearby to the house of the petitioners. A representation dated 28.02.2013 in this regard has been submitted by the petitioner along with certificate of Sarpanch. They are seeking cancellation of installation of BSNL mobile tower in village Haibatpur as it will cause adverse effect on the health of all the villagers and will cause noise pollution. Petitioner No. 1 is suffering from cancer and already undergoing chemotherapy at PGIMS Rohtak. Petitioner No. 3 is already having two stunts in his heart valves and also an old patient of cancer who had already undergone chemotherapy from PGIMS Rohtak about 3 years back and is still undergoing treatment. Petitioner No. 4 is a young boy and has undergone heart surgery at the Indraprastha Apollo hospital Delhi in the year 2010 wherein the doctor certified that he should not be exposed to strong electromagnetic radiation and should avoid even a metal detector. On notice, a written statement has been filed on behalf of respondent No. 1 and stating that as per Section 4(1) of Section Indian Telegraph Act, 1885, the department of Telecommunications, Government of India has granted licensees under Section 4 for CMTS and UAS to Indian registered companies to establish, maintain and work on telegraph for providing mobile telephone services in the licensed area. Under CMTS and UAS license, the telecom service providers are establishing towers to provide the category of mobile services in their service area. As per clause 41.6 of the terms and conditions of UAS license, the licensee is required to ensure that the telecommunication installation carried out by it should not become a safety hazard and is not in contravention of ay statute, rule or regulation and public policy. As per terms and conditions of the CMTS/UAS license and IP -I registration, the responsibility of obtaining permission/right of way for establishing towers lies with the telecom service providers/IP -I companies. Prior to installation of mobile towers, the telecom service providers have to obtain site clearance from standing Advisory committee on Frequency Allocation (SACFA) of department of Telecommunications (DOT) for every site from the point of view of interference with other wireless users, aviation hazards and obstruction to any other existing microwave links. DOT is responsible for regulating the EMF radiation from BTS installed at the towers and State Government, M.C., Local Bodies regulate the installation of towers as per their building bye -laws.
(3.) WHO in its Fact Sheet No. 304, May 2006 on Electromagnetic Field and Public Health (Base Stations and Wireless Technologies) has concluded that "considering the very low exposure levels, there is no convincing scientific evidence that the weak RF signals from base stations and wireless networks cause adverse health affects.;