STATE TIMES NEWS
JAMMU: A Division Bench (DB) of State High Court Jammu comprising Chief Justice Badar Durrez Ahmed and Justice Sanjeev Kumar on Tuesday directed Jammu Municipal Corporation (JMC) to take action against Mobile Transmitting Towers installed in the residential areas without requisite permission in accordance with law, and orders passed by the Writ Court, if any.
The court direction came in a Public Interest Litigation (PIL) filed by Navyug Sethi a law student seeking direction to respondents to issue appropriate directions to all those Telecom companies to shift/re-locate their Mobile Transmitting Towers from the residential areas to such places/areas which have been specifically earmarked and specified for installation of Mobile Transmitting Towers as per JMC guidelines issued on April 10, 2016.
After hearing both the sides and going through the status report filed by the JMC, the DB observed that it has been noticed from the list that there are many towers which do not have the requisite permission. Subsequently, the DB directed for action against aforesaid mobile towers in accordance with law and orders passed by the Writ Court, if any.
DB also added Department of Telecommunications, Government of India as respondent No.13. Sindhu Sharma, ASGI, accepted notice on behalf of the aforesaid newly added respondent.
DB also observed that as per JMC’s status report there are 360 Mobile Towers, which are either on the residential areas or on the residential buildings within JMC limits. Sunil Sethi, Senior Advocate, appearing on behalf of the petitioner, submitted that the list apparently is incomplete because there are many towers which, to his knowledge, have been left out. Upon this Division Bench directed JMC to file an updated list.
“The Department of Telecommunications through its Term Cell shall analyse each of the 360 Towers which are located in the residential areas for the purpose of compliance with the DoT guidelines with regard to the emissions and radiations. The expenses for the same shall be provided by the respective Telecom Companies/Tower Operators”, the court further directed.
