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The high court set aside the resolution on the grounds that the Gram Panchayat had previously issued a NOC in favour of the petitioner for the erection of a mobile tower in the vicinity. Therefore, the Gram Panchayat had no authority to pass another resolution barring the company to erect the tower
A division bench of the Bombay High Court, consisting of Justice Sunil B Sukre and Justice Rajesh Patil, recently ruled in favour of a Pune-based company, quashing and setting aside a resolution by a Gram Panchayat that prohibited the erection of a mobile tower. The court observed that there was no scientific evidence to support the claim that the radiation from the mobile tower had harmful effects.
“Resolution No.7, based upon the apprehension that radiation emitted by a mobile tower has harmful and carcinogenic effect, is not based upon any scientific material,” the bench observed.
The high court was hearing a petition filed by a company challenging a resolution passed by the Gram Panchayat which barred the company from erecting a mobile tower.
Despite notices being issued by the high court, the Gram Panchayat failed to appear before the court.
Senior Advocate AV Anturkar, representing the company, argued that the role of the Gram Panchayat is limited to issuing a No Objection Certificate (NOC) based on the Government Resolution dated 11th December 2015.
The high court set aside the resolution on the grounds that the Gram Panchayat had previously issued a NOC in favour of the petitioner for the erection of a mobile tower in the vicinity. Therefore, the Gram Panchayat had no authority to pass another resolution directing the petitioner to halt further work on the mobile tower.
The court highlighted that the Government Resolution dated 11th December 2015 did not grant any such power to the Gram Panchayat, making the impugned resolution illegal and without any legal authority.
The high court in its judgement also observed that when special grounds like radiation from mobile towers are taken, the burden to prove is on the person who takes such ground.
“It is well settled law that any agency or institution or person which seeks to deny a benefit or right to another on a special ground like the ground of mobile tower radiation being harmful to the health of the citizens, such agency or institution or person has a special burden of proof to establish the soundness of such a ground,” the court observed.
Case title: Indus Towers Ltd vs Grampanchayat, Chikhalhol, Tal. Khanapur, Dist. Sangli
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