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2017 DIGILAW 965 (GAU)

Akani Das v. State of Assam

2017-07-21

ACHINTYA MALLA BUJOR BARUA

body2017
JUDGMENT & ORDER (ORAL) : Heard Mr. B. Chakraborty, learned counsel for the petitioners, Mr. P.D Nair, learned counsel appearing for the respondent No.8, Mr. Y.S Mannan, learned counsel appearing for the respondent Nos. 6 and 7 and Mr. S.S Roy, learned State Counsel appearing for the respondent Nos. 1, 2 and 5. 2. In this writ petition, the petitioners are aggrieved by the installation of a mobile phone tower over the premises of the respondent No.9 and accordingly seek for a direction to the respondent authorities to remove the said mobile phone tower. 3. It is the case of the petitioners that firstly the said mobile phone tower is located in a congested residential area and emitting certain radiations which are harmful and hazardous to the people, who lives in the area. Further it is also the case of the petitioner that the mobile phone tower had been installed on the premises of the respondent No.9 over the roof of a four storied building, where permission from the concerned Municipal authorities had been obtained for G+2 level i.e. for three stories. 4. Mr. P.D Nair, learned counsel for the respondent No.8 on the other hand takes a stand it is actually not a four storied building, but it is over the stair case of the building, which from outside appears to look like a four storied building. 5. Mr. B. Chakaborty, learned counsel for the petitioner also raises an assertion that sound pollution is also being emitted due to the operation of the mobile phone tower. 6. Mr. Y.S Mannan, learned counsel appearing for the respondent PWD has produced an order dated 11.08.2015 of the Deputy Secretary to the Government of Assam, Information and Technology Department, wherein certain modifications to the guidelines pertaining to clearance and permit for installation of mobile towers in Assam and disposal of pubic grievances in that regard had been made. As per the said revised guidelines, two committees are to be constituted by the Government of Assam being the District Level Committee and State Level Committee for dealing with the matters related to public grievance as regards installation of mobile towers and other issues related to telecom infrastructure in the State of Assam. The composition of the District Telecom Committee and the State Telecom Committee is as follows:- “District Telecom Committee (DTC): The DTC will comprise of the members as mentioned below. The composition of the District Telecom Committee and the State Telecom Committee is as follows:- “District Telecom Committee (DTC): The DTC will comprise of the members as mentioned below. However, the Chairman of DTC is authorized to co-opt any expert or official as necessitated. i. Deputy Commissioner Chairman ii. Superintendent of Police Member iii. TERM Cell representative Member iv. Commissioner/Executive Officer/Chairman/ of all ULBs of the district Member v. CEO Zila Parishad/Principal Secretary of the 6th Scheduled Council Member vi. One representative of the Pollution Control Board Member vii. Joint Director of Health Services Member viii. Executive Engineer, PWD(Bldg) Member ix. Executive Engineer PWD (Rural Road Member x. District Head of BSNL Member xi. District head of each Telecom/Infrastructure Service Provider Member xii. Additional Deputy Commissioner (Magistracy) Member-Convener State Telecom Committee (STC): The STC will comprise of the following members. However, the Chairman of STC is authorized to co-opt any expert or official as necessitated. i. Chief Secretary Chairman ii. Additional Chief Secretary Information Technology Deptt Vice Chairman iii. Senior most Secretary, Home Department Member iv. Senior most Secretary, GAD Member v. Senior most Secretary, Health Department Member vi. Senior most Secretary, PWD Member vii. Senior most Secretary, P&RD Member viii. Senior most Secretary, Revenue & Disaster Management Deptt Member ix. Senior most Secretary, Forest and Environment Deptt Member x. Deputy Director General (TERM) Assam Member xi. Chairman, State Pollution Control Board Member xii. State Head of BSNL Member xiii. State Head of each Telecom/Infrastructure Service Provider Member xiv. Secretary/Commissioner and Secretary, IT Department Member-Convener xv. MD AMTRON Co-Convener 7. As the dispute raised in this writ petition is regarding the viability and suitability of the mobile tower of the respondent No.8 located on the roof of the respondent No.9, this Court deems it appropriate that the matter be referred to the District Telecom Committee for the Tinsukia district for a proper adjudication of the grievances raised by the petitioners. It is provided that the Additional Deputy Commissioner, Tinsukia, being the Member convener shall take immediate steps for convening a meeting of the District Telecom Committee, Tinsukia preferably within a period of two weeks from the date of this order. 8. It is provided that the Additional Deputy Commissioner, Tinsukia, being the Member convener shall take immediate steps for convening a meeting of the District Telecom Committee, Tinsukia preferably within a period of two weeks from the date of this order. 8. The matter on being considered and deliberated by the aforesaid District Telecom Committee, the said Committee shall take into consideration the grievances raised by the petitioners that the mobile phone tower in question is emitting high radiation, which would adversely affect the health of the people residing in and around the area of its location. The Committee shall also take into consideration that the petitioners have raised a grievance that by the operation of the mobile tower, high frequency sound are also being produced, which would also adversely affect the health of the people. Thirdly, the Committee shall also take into consideration the grievances of the petitioners that the mobile tower in question is located over the premises of the respondent No.9, which has permission for G+2, but the mobile tower appears to be located over the roof of the fourth floor of the concerned building. 9. While conducting its hearing, the Committee shall give a personal hearing to the petitioner and their representatives as well as the respondent Nos. 8 and 9 for arriving at a proper decision and shall allow the petitioner as well as the respondents to produce all relevant materials that they may desire to produce before the Committee to enable the Committee to arrive at its proper adjudication. The Committee upon conclusion of its enquiry, shall pass a reasoned order thereon within a period of two months from the date of receipt of a certified copy of this order. 10. Let a copy of this judgment and order be furnished to Mr. S.S Roy, learned State Counsel for doing the needful. In terms of the above, the writ petition stands disposed of.