Lawstreet Journal

Calcutta HC Stays The Construction Of Jio Mobile Tower In A Densely Populated Area Over Apprehension Of Radiations

Lawstreet Journal 17 Feb 2020 1:32pm

Image courtesy: Lawstreet Journal Judiciary Calcutta HC Stays The Construction Of Jio Mobile Tower In A Densely Populated Area Over Apprehension Of Radiations

As reported on February 14, 2020 the Calcutta High Court stayed the development of aJio mobile tower in light of the fact that the local self-governing authorities did not comply with clause 4A of the Advisory Guidelines regarding the installation of the tower. Further, the court also found that the authorities didn't invite objections from the people within the immediate vicinity of the location of the proposed mobile tower.

The petitioner during this case, a villager in Jahanabad alleged that Reliance JIO Infocomm Limited started construction of a mobile tower in close proximity (about 5m lateraly) to the petitioner's house,in a densely populated urban area. He also alleged that the installation of such a tower emits harmful radiations which can pose a significant health hazard to the residents of the neighbourhood.

The Single Bench of Justice Sabyasachi Bhattacharya noted that the apprehension of the petitioner is genuine since the indiscriminate construction of mobile towers in densely populated areas would cause environmental issues and therefore the common citizen would suffer unnecessarily from known as well as unknown-diseases caused by such radiations and emissions.

The court further observed that the general public interest has got to be balanced with the interest of the public in availing the advantages of latest technology provided by mobile service providers.

"The use of mobile phones is now almost a basic necessity of human life. Even the financially backward stratum of society is fast becoming dependent on mobile phone services, particularly in view of several services by government authorities and other sectors now being extended through the mobile networks, including e‐payment, social benefit schemes, banking, etc", the court observed.

"In order to strike a balance, the Department of Telecommunications issued Advisory Guidelines since there is no specific law… Continue Reading...


Tagged: calcutta high court  
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