Cell Tower erection - whether it will affect health of people or not, it is an undisputed fact that we are bound to live for rest of our lives with mobile phones in our pockets: Kerala HC
THE petitioner is a telecommunication infrastructure provider and had obtained a permit for erecting a telecommunication tower for their business from the local authority.
The petitioner filed a Writ Petition in the Kerala High Court seeking issuance of a Writ of Mandamus directing the Police to extend all support and adequate protection for the construction and operation of Mobile Telecommunication tower and protection for its workers and assets connected to the telecommunication tower and operations thereon from the henchmen of the respondents.
By virtue of an Interim Order of the Court, the petitioner completed construction of the tower, but they could commission it only after getting orders from the Court.
So, they seek further orders in the matter.
The High Court observed -
"Whether the commissioning of a telecommunication tower would affect the health of the people of the area is an issue which is still being debated among the scientist communities all over the world. This Court has, in two decisions, held that there is no evidence that the same will affect the health of the people. Whether it will affect the health of the people or not, it is an undisputed fact that we are bound to live for the rest of our lives with mobile phones in our pockets. The statute prescribes certain licenses and permits for erecting telecommunication towers. All what we can ensure is that such requirements are complied with in the erection and operation of the tower. In the above circumstances, if the petitioner has obtained necessary permits and licenses, nobody can prevent them from erecting and commissioning telecommunication towers. Therefore, we dispose of the writ petition with a direction to respondents 1 and 2 to see that the petitioner is not prevented from commissioning the telecommunication tower already erected, if they have all the permits and licences to operate the telecommunication tower."