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2017 Supreme(P&H) 2368

AMIT RAWAL
Mohalla Sudhar Committee – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner: Inderjeet Sharma
For the Respondent: Yatinder Sharma, Praveen Chander Goyal, for M.C., Bathinda, Aashish Chopra, Ms. Mansi Bansal

JUDGMENT :

Amit Rawal, J.

The petitioner purported to be the resident of Aggarwal Street Back Side Sirki Bazar Bhatinda has invoked the extra ordinary writ jurisdiction under Article 226/227 of Constitution of India challenging Annexure P-1 i.e. permission granted by Municipal Corporation, Bathinda granting the permission to respondent No.3 for erecting the mobile tower on the premise that it is against the following guidelines:-

"(i) First preference shall be given to the location of tower in the Forest areas.

(ii) Second preference shall be given to the location of tower in the open or public areas away from residential locations.

(iii) Where it is not possible to avoid the location of the tower in residential area the same shall be located in open space or park with prior consent of owners of adjoining residential houses.

(iv) Erection of tower shall not be allowed within a radius of 100 meter from residential building school and hospital.

(v) Installation of Base Station Antennas within the premises of schools and hospitals may be avoided because children and patients are more susceptible to Electro Magnetic Field.

(vi) Installation of Base Station Antennas in narrow lanes should be av









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