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Cell Phone Tower Erection Cannot Be Prevented On A Mere Apprehension About 'Radiation': Madras HC [Read Order]

LIVELAW NEWS NETWORK
14 Jun 2019 5:24 AM GMT
Cell Phone Tower Erection Cannot Be Prevented On A Mere Apprehension About

"Till a positive finding is given in this regard, cell phone towers cannot be prevented to be installed on mere apprehensions."

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The Madras High Court has held that erection of the cell phone towers cannot be prevented on a mere apprehension about the effect of radiation from the cell phone tower.

The apprehension does not have a scientific backing. Till a positive finding is given in this regard, cell phone towers cannot be prevented to be installed on mere apprehensions, said Justice N. Anand Venkatesh while granting police protection to Reliance JioInfocomm to erect the tower in a property leased to it in Coimbatore.

The company had moved the High Court contending that the residents of the area came to the spot and started causing hindrance to the company officials from carrying out the construction work of the tower.

Allowing their plea, the bench said that the High court had consistently held that no one can be prevented from erecting the cell phone towers on a mere apprehension about the effect of radiation from the cell phone tower.

Earlier this year, the Bombay High Court had also observed that there is no conclusive scientific evidence indicating any identifiable risk of serious harm on account of non-ionized radiation emanating from TCS/BS and equipments for telecommunication network.

In the said case, the high court had referred to the following observations made by the Madras High Court in K.R.Ramaswamy @ Traffic Ramaswamy, Vs. The Secretary,Department of Telecommunication: "There being no materials atleast as on date, which can finally suggest any health hazards from these towers and the solution thereof, the Court would not venture into unchartered territory of technical expertise to determine the area where it should be installed. " 

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