In the case of M/s Reliance JioInfocomm v The Deputy Superintendent of Police, The Madras High Court held that mere apprehension of radiation from the cell phone tower, cannot cause prevention of erection of cell phone towers.
“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.
Due to incessant hindrance caused by the residents of the area to the company officials by carrying out the construction work of the tower, the company then moved to the Madras High Court.
Allowing their plea, the bench of the Madras High Court said that they 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.
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.”
Judgment Link-Relience JioInfomm V Deputy Supritendent of Police
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