N.J. JAMADAR, J.

1. In these Writ Petitions, the challenge is to the permissions granted by the Municipal Corporation of Greater Mumbai to the telecommunication companies for erection of the Telecommunication Cell Site (“TCS”) / Base Station (BS) and installation of Equipments for Telecommunication Network.

2. In Writ Petition Nos. 2060 of 2016, 2800 of 2015 and 1382 of 2016, the petitioners question the permission granted to respondent No.3-Reliance Jio-Infocom to erect the Telecommunication Cell Site (“TCS”) / Base Station (BS) and installation of Equipments for Telecommunication Network in a Recreational Ground. Whereas, in Writ Petition No. 2152 of 2014, the petitioner assails the grant of permission for setting up of Telecommunication Cell Site(s)/Base Station(s) and installation of equipments for Telecommunication Network (for short, referred as “TCS/BS”) on terrace of the building of Vikrant Co-operative Housing Society Limited-respondent No.3 therein, granted by the Municipal Corporation of Greater Mumbai, respondent No.2 to ATC Telecom Tower Corporation Private Limited, Respondent No.4.

3. As Writ Petition Nos.2800 of 2015, 2060 of 2016 and 1382 of 2016 arise out of an identical factual backdrop and Writ Petition No. 2152 of 2014 is also based on the premise of perceived adverse effect of electro-magnetic radiation, generated by TCS/BS and installation of Equipments for Telecommunication Network, on health and well-being of humans and other living species, we deem it appropriate to dispose of all these petitions by a common judgment and order.

4. Writ Petition No. 2800 of 2015 was reckoned by the parties as the lead petition. Thus, the facts in Writ Petition No. 2800 of 2015 are required to be noted in greater detail in this batch of the Writ Petitions, i.e., Writ Petition Nos. 2800 of 2015, 2060 of 2016 and 1382 of 2016.

BACKGROUND FACTS :

5. Rajkamal Studio Compound Residents Welfare Association consists of seven Co-operative Housing Societies within Rajkamal Studio Compound and one society situated outside the said compound. While permitting the development of the Rajkamal Studio Compound (hereinafter referred to as “Compound”), a condition was imposed that certain area be surrendered to the respondent No.1-Corporation for the purpose of a recreational ground for children below the age of 12. Accordingly, an area admeasuring 1841 sq.mtrs., designated as C.S. 121, came to be surrendered in favour of respondent No.1-Corporation. A childrens' recreational park, namely, “V. Shantaram Balodyan” came to be built. This garden is the only green lung for the residents of the Compound.

6. In May-2015, the representatives of respondent No.3 came to the said garden for the purpose of erecting TCS/BS. Upon enquiry, it transpired that respondent No.1-Corporation had granted permission to respondent No.3 on 20th February 2015 for erecting the TCS/BS. Firstly, the petitioners assert that, the said permission dated 20th February 2015 has been granted by respondent No.1-Corporation in violation of the Notification issued by respondent No.2-State of Maharashtra, on 4th March 2014, whereby “Regulations for setting up of Telecommunication Cell Site(s) /Base Station (s) and installation of equipments for Telecommunication Network in the State of Maharashtra” were published. The petitioners assert that the said permission dated 20th February 2015 is legally unsustainable as it has been accorded without obtaining the 'No Objection' of the concerned registered co-operative housing societies or consent of the 70% of the total number of legal occupants/plot holders of the said layout, in terms of the aforesaid Notification dated 4th March 2014. Secondly, the permission was also assailed on the ground that it permits installation of TCS/BS and Equipment for Telecommunication Network in the ecologically sensitive/important area. Third