Jurisdiction of civil court vis-a-vis national greens tribunal
Vishwas Dhavale
(Querist) 11 August 2015
This query is : Resolved
Mobile Tower installed on a land in a village having population 1000 - suit filed in civil court by a group of villagers complaining that as the Tower installed in a crowded area and within 50 meters from the school, its radiation would harm the people as well as the cattle and crops - objection to jurisdiction alleging that jurisdiction of civil court is ousted by sec.14(2) of the National Greens Tribunal Act,2010. In fact, the action complained of i.e. installation of mobile tower, has not arisen from the implementation of any act comprised in schedule I of the NGT Act. What is the exact position ?
P. Venu
(Expert) 12 August 2015
There is no evidence that mobile towers emit radiations harmful to health.
Every wants multiple mobile phones with the best coverage. How is this possible without mobile towers?
Guest
(Expert) 12 August 2015
Cell Tower Radiation is Dangerous as its amounts of Powerful Microwave Radiation.EMFs from Cell Phone Towers are Impossible to Escape.Mobile Towers Emit Microwaves at a Frequency of 1900 MHZ.EMFs can affect Enzymes,DNA,Metabolism,Genes,Hormones and More.Cell Tower Radiation is Linked to Head Ache,Memory Loss,Low Sperm Court,Cancer,Birth Defects,Heart Condition Etc.Fight Unitedly to Set An Example to the Whole World.
M V Gupta
(Expert) 12 August 2015
Cell Tower radiation is certainly harmful to human health if it exceeds the safe limits. In Mumbai the Towers radiations are regulated to ensure that they are within the safety limits. As regards jurisdiction in cases relating to these matters it is within the exclusive jurisdiction of the Green Tribunal established under the GT Act 2010.Section 29(2) of the Act bars civil courts entertaining any dispute / question relating to any claim for granting relief or compensation or restitution of property damaged or environment damaged. Hence it is better that the querist in consultation with his advocate withdraws the application from the Civil Court with liberty to apply to the Tribunal for the relief claimed in his suit. It may be noted six months limitation is prescribed under the Act for filing claims before the Tribunal.
Dr J C Vashista
(Expert) 13 August 2015
Very well advised by expert Mr. M V Gupta, I agree with him.
Withdraw the civil suit with liberty to move to NGT and proceed.
Biswanath Roy
(Expert) 15 August 2015
@ Learned Expert MR. M. V. Gupta
@ Learned Expert Dr. J.C. Vashista
Be it noted that the querist did not file any civil suit. It is villagers who filed that suit and they are liable to withdraw the suit praying liberty to file the same in the Green Bench Tribunal.
T. Kalaiselvan, Advocate
(Expert) 18 August 2015
I agree With the views of respected senior expert and learned counsel Mr. Roy Sir. Let the author clarify this point.
