In the Instant Case of Indus Towers Ltd. Pune v. Gram Panchayat Due to opposition from some of the villagers who believe that the radiation released by mobile towers is dangerous for villagers’ health and may be carcinogenic, the Gramme Panchayat approve a resolution ordering the petitioner to cease further activities linked to the building of the mobile tower. Unhappy with the Resolution In the current appeal, the petitioner challenges the resolution.
Whether the Gramme Panchayat may halt the construction of mobile towers because of villagers’ health concerns
Analysis of Court Order
The challenged decision was annulled and set aside by the Bombay High Court’s Division Bench of Justices Sunil B. Shukre and Rajesh S. Patil, who also placed restrictions on the Gramme Panchayat’s ability to prohibit the installation and use of mobile towers.
The Gramme Panchayat’s involvement in the construction of mobile towers was restricted to providing No-Objection Certificates pursuant to Government Resolution, and the Court agreed with the petitioner’s attorney. The Court believed that the Gramme Panchayat would lose control over the matter if a NOC was obtained. The Court noted that the Gramme Panchayat had already approved the construction of a mobile tower nearby for the petitioner. The Court determined that the contested resolution lacked legal standing and was unlawful. The Court also considered the current situation from a different perspective to assess the validity of the villagers’ claims that the radiation released by the mobile tower was hazardous to their health and had the potential to cause cancer.
The court determined that the peasants’ claimed worry was baseless and that the facts about the dearth of pertinent scientific data had not changed. The court stated that a unique burden of evidence must be met in order to prove the validity of any specific grounds used by an institution or agency to deny a benefit or right, such as the harmfulness of mobile tower radiation. According to the Court, the Gramme Panchayat’s resolution could not be upheld in a court of law and should be revoked and overturned. As long as the occupation of the property remained legal, the Court ordered the Gramme Panchayat not to prevent the construction and operation of mobile towers.
CASE NAME – Indus Towers Ltd., Pune v. Gram Panchayat, Chikhalhol, Writ Petition No. 15799 of 2022