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Indus Towers Ltd vs The S.I. Of Police on 29 August, 2011 cites

M/S Essar Telecom ... vs State Of Kerala on 11 March, 2011

7. Petitioners in W.P.(C)No.35197/2010 is challenging Exhibit P6 Building Permit (produced in W.P.(C)No.23984/2010) and Exhibit WPC 23984 & 35197/10 7 P5 order of the Tribunal for Local Self Government Institutions. We do not find any material illegality or irregularity to cancel the permit. We are also not in a position to hold that the cancellation of the permit effected through Exhibit R10(a) (in W.P.(C)No.23984/2010) was legally sustainable. Therefore, we are inclined to concur with the findings of the Tribunal for Local Self Government Institutions. Since we are not persuaded to arrive any any conclusion that the decision in Essar Telecom case (cited supra) requires reconsideration, we are of the opinion that the challenge in W.P.(C)No.35197/2010 has to fail. Consequently, we dismiss the said writ petition.
Kerala High Court Cites 112 - Cited by 83 - K Joseph - Full Document

Kashmir Singh vs Union Of India & Ors on 13 May, 2008

5. We notice that the ruling in Kashmir Singh's case (cited supra) was considered by the Bench of this Court in detail while rendering the decision in Essar Telecom case (cited supra). The question whether the mobile tower is a workplace coming within the purview of Section 233(1)(a) of the Kerala Panchayat Raj Act was also considered in detail. Sonia George also placed for our perusal copy of a report submitted by the Inter-Ministerial Committee on EMF Radiations to Government of India, Ministry of Communications & Information Technology, Department of Telecommunications. Referring to the information of various international experts contained therein, she contended that usage of mobile phone as well as transmissions from the base transceiver stations will cause health hazards. But, she is not in a position to point out that the Ministry of WPC 23984 & 35197/10 6 the Government of India had taken any positive steps based on the above report, nor any Regulation has been brought in to control erection of telecom transmission towers in any manner on the basis of the apprehended health hazard. We are of the considered opinion that these are mainly issues coming within the domain of legislative wisdom and part of executive actions of the Governments and scope for judicial interference is limited to the extent of violation of any statutory provisions or violation of fundamental rights protected under the Constitution.
Supreme Court of India Cites 50 - Cited by 78 - S B Sinha - Full Document
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