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1 - 8 of 8 (1.30 seconds)The Environment (Protection) Act, 1986
Kapil Choudhary And Anr. vs Union Of India And Ors. on 26 April, 2016
11. The Division Bench in Kapil Chaudhary (supra) was
considering a public interest petition seeking removal of
the mobile towers installed in residential area. The
ground raised in the petition inter alia was that the
presence of the towers will cause diseases on account of
radiation that is emitted. The Union of India had filed a
Counter Affidavit therein stating that "many studies
have been conducted on the health hazard of radiations
of mobile phone towers/networks. These studies have
been conducted under the aegis of WHO. The studies
have concluded that there is no conclusive scientific
evidence of adverse health effects due to low level of RF
emission from mobile phone towers."
Park Area Karol Bagh Residents Welfare ... vs The Commissioner, North Dmc And Ors on 18 July, 2022
In the meantime, impugned order dated 19.07.2022 passed in
O.A. No.232/2022 and order dated 20.09.2022 passed in Review
Application No.27/2022, case titled as Gautam Nagar Residents
Association Regd. Vs. Commissioner, SDMC and Ors., passed by the
Tribunal are stayed and consequently, the order date 18.08.2022
issued by Municipal Corporation of Delhi annexed at page 121 of the
paper book is also kept in abeyance till further orders.
Section 14 in The National Green Tribunal Act, 2010 [Entire Act]
Smt. Aseema Mishra vs Union Of India & Ors. Reported In 2006(9) ... on 23 January, 2009
7. Learned counsel also refers to the judgment rendered by the
Division Bench of the Allahabad High Court in the case of Residents
Welfare Associates vs. Union of India and Ors., WP(C)
No.16888/2022, rendered on 11.11.2022 whereby in a similar case
pertaining to the Petitioner herein, the Division Bench had considered
the case of Smt. Asha Mishra vs. Union of India and Ors., 2016 (4)
AWC 3427 wherein the allegation regarding the ill effects of the
Signature Not Verified
Digitally Signed CM(M) 1380/2022 2
By:VINOD KUMAR
Signing Date:13.12.2022
13:01:01
radiation on human health arising out of installation of mobile cell
towers was found to be without merits. Relying on the said judgment,
the Division Bench upheld the view that there is no evidence that the
installation of cell tower would cause any ill effects on the human
health.
Indus Towers Ltd vs North Delhi Municipal Corporation on 12 November, 2021
14. Coming next to the case rendered by a Coordinate Bench of this
Court in the matter of Indus Power Ltd. (supra), the Co-ordinate
Signature Not Verified
Digitally Signed CM(M) 1380/2022 4
By:VINOD KUMAR
Signing Date:13.12.2022
13:01:01
Bench had in fact reiterated the finding rendered by a Division Bench
of this Court in Kapil Choudhary (supra) and held as under :-
Arvind Gupta And Anr vs Union Of India Ministry Of External ... on 14 September, 2022
2558 and draws the
attention to para 12 to submit that the Tribunal not only exceeded its
jurisdiction but also overlooked the judgments rendered by a Division
Bench of the Allahabad High Court as well as that of this Court apart
from the judgment rendered in the case of Dr. Arvind Gupta (supra)
and has committed material irregularity in passing the impugned
orders.
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