Vijay Bishnoi, J.

This batch of writ petitions has been filed by the petitioners being aggrieved with the erection of Cellphone Towers (Ground Based Mast, Roof Top Antenna Towers and Wi-Fi Antenna) by the private telecommunication companies in the various localities of the State of Rajasthan.

2. The principle argument of the learned counsels for the petitioners in these writ petitions is to the effect that the Cellphone Towers are being erected in densely populated areas nearby the schools, temples and public utility places and serious health risk likely to occur due to radiation from the said Cellphone Towers. The petitioners have claimed that the Cellphone Tower is not safe for health as it releases radiation, which affects human life. The petitioners therefore, prayed that local bodies such as Municipal Corporations, Municipal Councils and Gram Panchayats be directed not to issue No Objection Certificates to the telecommunication companies for erecting Cellphone Towers in the densely populated areas or nearby the schools or public utility places. The petitioners have also prayed for cancellation of the No Objection Certificates issued by the local bodies for erection of the Cellphone Towers.

3. The other contention of the petitioners is this that the local bodies have issued No Objection Certificates to the private telecommunication companies for erecting Cellphone Towers in violation of the order dated 31.08.2012 passed by the Urban Development Housing & LSG Department, Government of Rajasthan, whereby the private telecommunication companies are allowed to erect Cellphone Towers on certain terms and conditions. It is contended that the terms and conditions have not been followed by the local bodies as well as the private telecommunication companies before erecting the Cellphone Towers. It is also contended that State Authorities as well as the local bodies are not complying with the directions given by the Division Bench of this Court in Justice I.S. Israni (Retd.) & 3 Anr. v. Union of India & Ors., reported in 2013(2) WLC (Raj.) 602.

4. The respondents local bodies as well as the private telecommunication companies have refuted the claim of the petitioners that the Cellphone Towers cause risk to the public health. It is contended that there is no scientific data available till date, which concludes that emissions from the Cellphone Towers cause any risk to the health of the public at large. In support of the above contention, the respondents have placed reliance on various decisions of different High Courts and contended that there is unanimous opinion amongst various High Courts that Cellphone Towers cause no risk to the public health. The respondents have also denied the claim of the petitioners that before granting NOCs for erection of Cellphone Towers or before erecting the Cellphone Towers, the terms and conditions incorporated in the Government order dated 31.08.2012 have not been followed and the directions issued by this Court in the case of Justice I.S. Israni (Retd.) (supra) have not been complied with.

5. Now the core question before this Court is that whether the emissions from the Cell Phone Towers cause adverse impact on public health or not.

6. At this stage, it would be useful to refer recent pronouncements of various High Courts on the similar issue.

7. The High Court of Gujarat in Mukti Park Co-operative Society-Part-IV v. Ahmedabad Municipal Corporation & Ors. (Special Civil Application No. 5548 of 2014 with Civil Application No. 5597 of 2014 in Civil Application No. 5159 of 2014 in Special Civil Application No. 5548 of 2014) decided on 05.09.2014 has held as under:

"9. The petition is substantially based on a strong fear that the radio frequency waves emitted from the BTS in question is likely to cause health hazards to the residents of the flats and further that the respondent No. 2 has erected t