ORDER

1. The Original Applicant is a home maker and resident of Haripriya Vihar, Asra Society, Pipeline Road, Ahmednagar and came forward to invoke the original jurisdiction of this Tribunal by alleging that the Respondent No.5 had erected a mobile phone tower in the premises owned by the Respondent No.7 and for power back up, started using a vehicle mounted diesel generator set having a capacity of 30 KVA.

2. The grievance expressed by the Original Applicant is that operation of the mobile tower, generates radiation which may result in diseases like cancer etc., and that apart, the fumes emitting on account of operation of the mobile diesel generator set affects the air quality and also creates noise pollution exceeding the permissible level as contemplated under the Noise Pollution (Regulation and Control) Rules, 2000 (in short Noise Pollution Rules).

3. The Learned Counsel appearing for the Original Applicant apart from making his submissions based on the averments made in the Original Application had also invited the attention of this Tribunal to the materials placed and would submit before filing this Original Application, legal notices dated 22.12.2020 had been sent to Respondent Nos. 3, 4, 5 and 7 and despite receipt and acknowledgment and responding to the same, the Respondent No.4 sent a reply dated 16.02.2021 stating among other things that in pursuant to the complaint, a visit was made and there was no diesel generator set and the Respondent No.5 also informed them that they have removed the said set with a capacity of 10 KVA on 11.10.2019 and it is further stated in the said reply that the Environment Department, Government of Maharashtra vide Government Resolution dated 20.03.2010 has constituted a Committee to study on the potential health impacts of Electro Magnetic Radiation from the mobile tower and as per the recommendation of the Committee, any complaint may be addressed to the Telecommunication Engineering Centre (Western Region), BSNL, Administrative Bldg., Santacruz (West), Mumbai-54 who is the regulator.

4. It is also the submission of the Learned Counsel appearing for the Original Applicant, the Respondent No.7 has also sent a reply dated 23.05.2021 denying the allegations made in the legal notice and made false and reckless allegations against the Original Applicant.

5. In sum and substance, it is the submission of the Learned Counsel appearing for the Original Applicant that the operation of the mobile tower of the Respondent No.5 installed in the premises of the Respondent No.7, causes radiation which may result in diseases like cancer etc., and the operation of the mobile diesel generator set, to power the said mobile tower, also causes air and noise pollution and hence, prays for appropriate orders for abatement of the said nuisance.

6. The Application was listed for admission on 16.07.2021 and a Joint Committee consisting of District Magistrate/District Collector of Ahmednagar, Municipal Corporation, Ahmednagar and Maharashtra State Pollution Control Board (MSPCB) was constituted to ascertain facts and furnish a factual and action taken report. The Joint Inspection Committee in compliance of the same, had submitted the report.

7. The Tribunal having taken note of the contents of the same, ordered notices to Respondent Nos. 2 to 5, and listed the matter for hearing on 07.12.2021 and on that date, arguments were advanced by the Learned Counsel appearing for the Original Applicant and the Learned Standing Counsels appearing for Respondent Nos. 2 and 4 and orders were reserved.

8. The sole issue arises for consideration whether the mobile phone tower operated by the Respondent No.5 in the premises owned by the Respondent No.7 to be dismantled as the operation of the said tower according to the Original Applicant causes health hazard in the form of radiation, air and noise pollution.

9. It is relevant to extract the operative portion of the Joint Inspection Committee/Action Taken Report which is as follows:-

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