B.R. Sadanand Mudiraj v. The Greater Hyderabad Municipal Corporation,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WP No.19193 of 2015 Between:

B.R.Sadanand Mudiraj

...Petitioner

And:

The Greater Hyderabad Municipal Corporation, rep. by its Commissioner, Hyderabad, & others ... Respondents DATE OF JUDGMENT PRONOUNCED: 17.08.2015 SUBMITTED FOR APPROVAL:- THE HON'BLE SRI JUSTICE P. NAVEEN RAO

1. Whether Reporters of Local newspapers may Yes/No be allowed to see the Judgments?

2. Whether the Copies of Judgment may Yes/No be marked to Law Reporters/Journals

3. Whether Their Lordship wish to see the Yes/No fair copy of the Judgment?

HON'BLE SRI JUSTICE P.NAVEEN RAO Writ Petition No.19193 of 2015 ORDER:

Heard Sri D.L. Pandu, learned counsel for the petitioner, learned Government Pleader for Home, Sri Pocham Krishna Reddy, learned standing counsel for R-1 and Sri P.Hemachandra, learned counsel for the 4th respondent. With the consent of learned counsel of the parties, this writ petition is being disposed of at the stage of

admission.

2.

The petitioner opposes the establishment of Telecommunication Infrastructures Tower (TIT) by the 4th respondent in pursuance of the permission granted on 17.01.2014 by the 1st respondent at Mekalabanda, Lal Darwaza, Hyderabad in the premises of the 5th respondent.

3. The only ground of challenge against the establishment of TIT in the subject premises is that it is likely to cause health hazards on account of radiation emanating from the tower. For permission to erect TIT, the Government issued certain guidelines vide G.O.Ms.No.96, Municipal Administration and Urban Development Department, dated 05.08.2015. Para 6 of the G.O. provides a right to complain against radiation from the TIT to TERM Cell, Department of Telecommunications. Thus, as per the guidelines issued in the above G.O., if the petitioner is of the opinion that the establishment of TIT in the subject premises is likely to cause health hazards, he is entitled to complain to the TERM Cell, Department of Telecommunication. As and when such complaint is received by the TERM Cell, Department of Telecommunications, from the petitioner, it is open to the Authority to consider and pass appropriate orders thereon.

4. Leaving it open to the petitioner to make such a complaint to the TERM Cell, Department of Telecommunications, the writ petition is disposed of. Pending miscellaneous petitions, if any, in this writ petition, shall stand dismissed in consequence. No order as to costs. _________________ P. NAVEEN RAO, J Date: 17.08.2015 BSS HON'BLE SRI JUSTICE P.NAVEEN RAO

Writ Petition No.19193 of 2015 Date: 17.08.2015 BSS