2022:BHC-GOA:1841-DB Maria S.

IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 434 OF 2022 Indus Towers Limited, (Formerly known as Bharti Infratel Limited)

A company registered under the companies act 1956, represented by its Authorised signatory Mr. Amitesh Makan, age 47 years, having its Registered Office at Building No.10, Tower A, 4^th Floor, DLF Cyber City, Gurugram, Haryana-122002. And having its Circle office at Office No.2010, Second Floor, 'E' Core, Marvel Edge, Viman Nagar, Nagar Road, Pune 411014 and Regional Office at 6^th Floor, Citi Centre, Patto Plaza, Panaji, North … Petitioner.

Goa-403001.

V e r s u s

1. The State of Goa Through Its Chief Secretary, Having Its Office at The Secretariat, Porvorim, Goa.

2. The State Commissioner, For Persons with disability, Sanjay Centre for Special Education, Ground Floor, Pundalikar Nagar, Porvorim, Goa.

3. The Executive Engineer, Works Department XIII(R), Public Works Department, Mapusa Goa.

4. Shri. Dr. Chandrashekhar Kelkar having its address at Aastha's Anand Niketan, Khorlim, Mapusa, Goa.

5(A).Nitesh Gurudas Samant, Aged-48 years, Resident of H.No.1582, Near Ajoba Temple, Ajoba Nagar, Sanquelim, Goa-403505.

5(B) Subhash Janardhan Pal, Aged-52 years, Resident of Flat No.F-3, Saikiran Society, Satarinagar Velha-Canca Parra, North Goa-403510

5(C)Devanand Narayan Vernekar, Aged-59 years, Resident of House No.82, Fuldem Vaddo, Arpora, Goa-403516

5(D)Prakash Kadam, Aged-50 years, Resident of House No.487, Vaigin Waddo, Nachinola, Bardez, Goa 403508

5(E)Dharmanand Ramdas Narvekar, Aged-49 years, Resident of House No.136/13, Khorlim, Mapusa, Goa 403507

5(F)Antony Alex Dias, Aged-36 years, Resident of House No.5/100/FF/E-1, Umta Vaddo, Calangute, Goa 403516 …Respondents Mr Anil Anturkar, Senior Advocate with Mr. Nikhil Vaze and Mr Sugandh Deshmukh, Advocates for the Petitioner.

Mr Deep D. Shirodkar, learned Additional Government Advocate for the Respondents no.1 and 3.

Ms Maria S. J. Correia, Advocate for respondent no.2.

Mr Akhil Parrikar and Ms Sowmya Drago, Advocate for respondents no.4, 5(A) to 5(F).

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CORAM: M. S. SONAK & BHARAT P. DESHPANDE, JJ Reserved on: 12 December, 2022 Pronounced on: 14 December, 2022 JUDGMENT: (Per. Bharat P. Deshpande, J)

Heard Mr Anil Anturkar, learned senior Advocate alongwith Mr Nikhil Vaze and Mr Sugandh Deshmukh, learned counsel for the petitioner, Mr Deep D. Shirodkar, learned Additional Government Advocate for the respondents no.1 and 3, Ms Maria S. J. Correia, learned counsel for respondent no.2 and Mr Akhil Parrikar and Ms Sowmya Drago, learned counsel for respondent no.4, 5(A) to 5(F).

2. Rule. Rule made returnable forthwith. Heard learned counsel for the parties with consent at the admission stage itself.

3. Whether the electro magnetic frequency (EMF) radiation emitting from a mobile connection tower would cause irreparable harm to the children with disabilities such as intellectual disability, mental illness, autism spectrum disorder, cerebral palsy, muscular dystrophy, chronic neurological condition, specific learning disabilities and other disabilities, taking education in the special school situated at Corlim, Mapusa and run by the Society under the name and styled as Aastha Anand Niketan at Corlim, Mapusa, is the moot question to be considered in this petition.

4. The prayers in the petition are as under:-

a) This Hon'ble court be pleased to grant a Writ of Certiorari or a writ in the nature of Certiorari or any other appropriate writ, order a direction, inter alia alia for the records and proceedings pertaining to the Impugned orders dated 26/05/2022 (Annexure-B to the Petition) passed by Respondent No.2(The State Commissioner with Persons with Disability) in GRIEV/93/2022 and communication dated 13/06/2022 (Annexure-C to the Petition) passed by Respondent No.3 , The Executive Engineer, PWD XIII(R) PWD, Government of Goa, Ref.No.10/24/PWD/WDXIII(R)/ASW/2022-23/439 and after examining the legality and propriety thereof to quash an