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RITU RAJ AWASTHI, MANISH MATHUR
Amarjit Samuel Datt – Appellant
Versus
U. O. I. Thru. Secretary Deptt. Of Telecomm. , New Delhi – Respondent
JUDGMENT :
Ritu Raj Awasthi, Manish Mathur, JJ.
1. Heard learned counsel for the petitioner as well as Mr. J.N. Mathur, learned Senior Advocate assisted by Mr. Aakash Prasad, learned counsel for the opposite party no.7 and Mr. S.B. Pandey, learned Assistant Solicitor General of India assisted by Mr. Ambrish Rai, learned Central Government Counsel for opposite party nos. 1 to 4 and the learned Standing Counsel for the opposite party nos. 5 and 6.
2. The writ petition has been filed seeking the following reliefs:-
(ii) Issue a writ of mandamus or a writ, order or direction in the nature of mandamus commanding the opposite parties to publish the result or conclusion of the study on the possible impact of EMF radiation exposure from mobile tower and hand set on life and related initiative conducted by opposite party no.1.
(iii) Issue a writ of mandamus or a writ, order or direction in the nature of mandamus commandin
Point of law: India's national policy has been clearly and unequivocally expressed by the legislature in the Atomic Energy Act. National and international policy of the country is to develop control ....
The main legal point established in the judgment is that the installation of mobile towers should be assessed based on scientific evidence and guidelines related to EMF radiation to determine health ....
The cancellation of a No Objection Certificate for a mobile tower without due process, specifically without a hearing, contravenes principles of natural justice and lacks legal basis, as complaints a....
Installation of telecommunication towers on private property requires only owner consent and structural safety certification; projects classified as infrastructure are shielded from injunctions unles....
The main legal point established in the judgment is the importance of strict compliance with rules and regulations governing the installation of mobile towers, and the need to consider applications f....
Adherence to the principles of natural justice is essential for orders passed by public authorities.
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