Heard Mr. B. Chakraborty, learned counsel for the petitioners, Mr. P.D Nair, learned counsel appearing for the respondent No.8, Mr. Y.S Mannan, learned counsel appearing for the respondent Nos. 6 and 7 and Mr. S.S Roy, learned State Counsel appearing for the respondent Nos. 1, 2 and 5.

2. In this writ petition, the petitioners are aggrieved by the installation of a mobile phone tower over the premises of the respondent No.9 and accordingly seek for a direction to the respondent authorities to remove the said mobile phone tower.

3. It is the case of the petitioners that firstly the said mobile phone tower is located in a congested residential area and emitting certain radiations which are harmful and hazardous to the people, who lives in the area. Further it is also the case of the petitioner that the mobile phone tower had been installed on the premises of the respondent No.9 over the roof of a four storied building, where permission from the concerned Municipal authorities had been obtained for G+2 level i.e. for three stories.

4. Mr. P.D Nair, learned counsel for the respondent No.8 on the other hand takes a stand it is actually not a four storied building, but it is over the stair case of the building, which from outside appears to look like a four storied building.

5. Mr. B. Chakaborty, learned counsel for the petitioner also raises an assertion that sound pollution is also being emitted due to the operation of the mobile phone tower.

6. Mr. Y.S Mannan, learned counsel appearing for the respondent PWD has produced an order dated 11.08.2015 of the Deputy Secretary to the Government of Assam, Information and Technology Department, wherein certain modifications to the guidelines pertaining to clearance and permit for installation of mobile towers in Assam and disposal of pubic grievances in that regard had been made. As per the said revised guidelines, two committees are to be constituted by the Government of Assam being the District Level Committee and State Level Committee for dealing with the matters related to public grievance as regards installation of mobile towers and other issues related to telecom infrastructure in the State of Assam. The composition of the District Telecom Committee and the State Telecom Committee is as follows:-

“District Telecom Committee (DTC):

The DTC will comprise of the members as mentioned below. However, the Chairman of DTC is authorized to co-opt any expert or official as necessitated.    

State Telecom Committee (STC): The STC will comprise of the following members. However, the Chairman of STC is authorized to co-opt any expert or official as necessitated.