Idea Mobile Communications Ltd vs The Ombudsman For Local Self ... on 6 February, 2007

Kerala High Court

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 22294 of 2006(D)


1. IDEA MOBILE COMMUNICATIONS LTD.,
                      ...  Petitioner

                        Vs



1. THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT
                       ...       Respondent

2. THE SECRETARY,

3. STATE OF KERALA,

                For Petitioner  :SRI.P.SANJAY

                For Respondent  :SRI.P.V.KUNHIKRISHNAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :06/02/2007

 O R D E R
                              PIUS C. KURIAKOSE, J.

                   ..........................................................

                             W.P.(C) No.22294 OF 2006

                   ...........................................................

                    DATED THIS THE 6TH FEBRUARY, 2007


                                    J U D G M E N T

It is conceded before me that the issue which arises for consideration in this case is covered by my judgment in W.P.(C)No.

21528 of 2006. Under these circumstances, Ext.P3 order passed by the Ombudsman is quashed. So also, Ext.P4, the consequential order passed by the Panchayat is quashed. It is made clear that all the observations and directions in para.8 of the judgment in Reliance Infocom Ltd. v. Chemanchery Grama Panchayat (2006 (4) KLT

695), which I quote as follows, will be binding on the writ petitioner also:

"We notice that the Panchayat has as on today no scientific data or relevant materials to cancel the licence already granted on the ground that the installation of the Tower would cause any health hazards. Licence granted has been cancelled by the Panchayat based on an apprehension that the radiation may cause health hazards to the people of the locality. Further Ext.P5 also says that installation of generator would cause sound pollution.

Petitioner has not installed any generator as on today and WP(C)N0.22294 OF 2006 -2- if the installation of generator would cause any sound pollution, evidently Pollution Control Board can give appropriate direction and the petitioner will have to obtain necessary consent from the Pollution Control Board for installation of generators, so that it would not cause any sound pollution. So also, if the installation of Tower and the emission of electromagnetic waves causes any air pollution, affecting human health, the Pollution Control Board can take appropriate measures under Air (Prevention and Control of Pollution) Act, 1991."

The Writ Petition is allowed as above. The parties will bear their respective costs.