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BOMBAY HIGH COURT - BENCH AT GOA
M. S. Sonak, JJ, Bharat P. Deshpande, JJ
Indus Towers Limited – Appellant
Versus
The State of Goa – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Anil Anturkar, Mr. Nikhil Vaze, Mr. Sugandh Deshmukh
For the Respondents: Mr. Deep D. Shirodkar, Ms. Maria S. J. Correia, Mr. Akhil Parrikar, Ms. Sowmya Drago

Table of Content
1. erecting mobile towers in proximity to special schools raises health hazard concerns. (Para 3 , 4)

'ORDER:

1. The Rights for Persons with Disabilities (RPwD) Act 2016 provides for protection and safety for Persons with Disabilities. The act of M/s Indus Towers Limited violates Sub section (2) of Section 4 and Sub section (4) of Section 8 of the Rights of Persons with Disabilities Goa Act 2017. The students of special school inherit low immunity and are prone to various ailments and the radiations of Mobile Phone Tower which may cause harm to Special Students.

2. The Respondent No.2 is directed to take note that the ongoing erection work of Mobile tower is within 100mtrs of Special schook premises is health hazardous to the students.

3. In light of the above the sanctioning authority (PWD) shall identify the modalities, relocate/move the said tower to any other place so that the peaceful functioning of the school is not disturbed.

4. A compliance report be sent to this office within a period of 10 days. Failure on the part to comply with the directions of this authority the Commission would be compelled to impose penalty under provisions of section 89 of the Rights

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