Bharti Air Tel Ltd Formerly Known ... vs Thrikkakkara Grama Panchayat on 6 February, 2007

Kerala High Court

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 27868 of 2006(P)


1. BHARTI AIR TEL LTD FORMERLY KNOWN AS
                      ...  Petitioner

                        Vs



1. THRIKKAKKARA GRAMA PANCHAYAT,
                       ...       Respondent

2. CIRCLE INSPECTOR OF POLICE,

                For Petitioner  :SRI.SANTHOSH MATHEW

                For Respondent  :SRI.S.SHANAVAS KHAN

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.27868 OF 2006

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

                  DATED THIS THE 6TH FEBRUARY, 2007


                                  J U D G M E N T

Having regard to the principles laid down by the Division Bench of this Court in Reliance Infocom Ltd. v. Chemanchery Grama Panchayat (2006 (4) KLT 695), Ext.P1 order passed by the Panchayat cannot be sustained. Ext.P1 is quashed. I find that all possible reliefs have already been granted under my interim order dated 25.10.2006 which has been confirmed by Division Bench also. I permit energisation of the towers already constructed, subject to the observations and directions in the Division Bench judgment in Reliance Infocom's case (supra) which I quote as follows:-

"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 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 WP(C)N0.27868 OF 2006 -2- 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.