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HC dismisses petition challenging installation of cellular tower
10/29/2010 9:19:47 PM
EARLY TIMES REPORT
JAMMU, Oct 29: The High Court today dismissed a petition challenging erection of a cellular tower at Village Kharian Tehsil RS Pura. The petition filed by the residents submitted that the tower may endanger lives of the people.
Justice Sunil Hali after hearing Advocate Surinder Kour appearing for the petitioner whereas M/S Dheeraj Nanda and Rajneesh Oswal Advocates appeared for the respondent company and also referred a judgment of Division Bench of Kerala High Court and observed that erection of tower by the respondent company has been allowed after the No Objection Certificates issued by Pollution Control Board and expert opinion regarding the soil was obtained by the respondents. The respondents are well within their rights to erect the tower u/s 10 of the Indian Telegraph Act 1985; however, what is required to be done by the respondents is that peoples are kept away from direct access to the Antenna of the tower. Counsel for the respondent has stated at the Bar that erection of tower would be strictly in accordance with rules. With these observations Court dismissed the petition. However, Court directed respondent to strictly comply with the rules governing the subject while erecting and operating the cellular tower. JNF
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