for the removal of the tower in the residential area

Guest (Querist) 25 February 2011 This query is : Resolved
sir,
this is for your information that a mobile company is installing a mobile tower in the residential area. the company have erected the tower to some extent including the basement and the tower is not in operation and it will take some time for operation and now the work is stopped by the intervention of the public and what is the remedy which we can avail from the court whether it can be stopped from the court. there is any authority regarding the stay of the tower and what is the procedure to file PIL in the court. will it be effective to file the suit independently or in the public interest litigation. please reply me i am waiting for your reply

also e-mail me a copy of the plaint of such a case for removal of the tower
l

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Parveen Kr. Aggarwal (Expert) 25 February 2011
What legal right you have to restrain installation of tower by a cellphone company?

What cause of action do you have?

Guest (Querist) 26 February 2011

1. as this is my question how i can stop to that company from installing that in the residential area

2. my cause of action is that the company is installing it in the residential area and not having the permission of the municipal committee and the neighborers are afraid of the hazardous of the rays of the mobile tower as it results into many diseases like cancer etc and they want that this must not be installed near there houses

Sri Vijayan.A (Expert) 26 February 2011
u may have to prove that
1. Rays are emitted
2. Rays, which are emitted, are hazardous

It is only fear and may not be true, as such you cant stop erecting.

P.S. Thousands of towers are erected in the country and no one has such disadvantage.

Parveen Kr. Aggarwal (Expert) 27 February 2011
1. You cannot stop a company from installing it in a residential area. After all, people residing in the area also require facility of better signal for their cellphones.

2. The issue of not having permission of Municipality may be a ground but generally the cellphone companies install a tower only after obtaining necessary sanctions. You will have to establish that the rays from mobile tower are hazardous and cause the alleged diseases. There does not appear to be any scientific basis for your apprehensions. No court grants injunction merely on apprehensions in the absence of a prima facie case.

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