K.Sri Hari, v. The State Of Telangana , Rep., By Its Principal Secretary,
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Present
WRIT PETITION No.31128 of 2014 DATE: 31.8.2015 Between:
K Srihari S/o Sri Sathaiah R/o 9-1-34/30/7/2, Bapunagar, Langar house, Hyderabad .. Petitioner AND The State of Telangana, Rep. by its Principal Secretary, Municipal Admn & Urban Devp Department, Secretariat, Hyderabad & others .. Respondents The Court made the following:
WRIT PETITION No.31128 of 2014 ORDER:
The petitioner is resident of Bapunagar, Langer House, Hyderabad. Petitioner challenges the erection of Telecommunications Infrastructure Tower (for short, 'TIT') on fourth floor of H No. 9-134/30/7/1, Bapu Nagar, Langer House, Hyderabad on various grounds. However, when the matter is taken up, learned counsel for petitioner confined to the effect of radiation on account of installation of TIT and contended that the TIT may emit radiation, which would cause health hazard. Reliance is placed in support of the said contentions on the orders in G.O.Ms.No.380, dated 01.08.2013, amended by G.O.Ms.No.5, Municipal Administration & Urban Development (M1) Department, dated 27.09.2014.
2. Learned counsel appearing for respondents 2 and 3 submits that there is no requirement to obtain the consent of the residents. Learned counsel further submits that the G.O.Ms.No.380, dated 01.08.2013, is now superseded by orders issued in G.O.Ms.No.96, Municipal Administration & Urban Development, dated 05.08.2015, and there is no such requirement prescribed in the said G.O.
3. As seen from the orders issued in G.O.Ms.No.96, Municipal Administration & Urban Development (M1) Department, dated 05.08.2015, there is no requirement of obtaining consent from the people in the locality where a TIT is sought to be erected. The various requirements imposed in the G.O.Ms.No.96, Municipal Administration &
Urban Development (M1) Department, dated 05.08.2015, are only required to be complied, but not the consent of the local people. With reference to the emission of radiation from the TIT, the G.O.Ms.No.96, Municipal Administration & Urban Development (M1) Department, dated 05.08.2015, enables the aggrieved persons to appeal to the Telecom Enforcement and Resources Monitoring (TERM) Cell in the Department of Telecommunications, Government of India and the said authority is competent to look into the grievance and only in such a case, if the authority finds that the TIT is emitting radiation, appropriate action shall be taken.
4. Thus, leaving it open to the petitioner to avail the remedy provided by G.O.Ms.No.96, Municipal Administration & Urban Development (M1) Department, dated 05.08.2015, to complain to the Telecom Enforcement and Resources Monitoring (TERM) Cell in the Department of Telecommunications, Government of India, the Writ Petition is dismissed.
There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
_________________ P.NAVEEN RAO, J Date:31.8.2015 tvk
WRIT PETITION No.31128 of 2015 Date:31.8. 2015 TVK