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BEFORE THE NATIONAL GREEN TRIBUNAL

WESTERN ZONE BENCH, PUNE

(By Video Conferencing)

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Original Application No. 47/2021 (WZ)

IN THE MATTER OF:

1.

Mrs. Sonali Sandeep Kamble

R/o Haripriya Vihar, Asra Society,

Pipeline Road, Ahmednagar-414003.

…..Applicant(s)

Versus

1.

Union of India

(through Ministry Of Environment)

Indira Paryavaran Bhawan, Jor Bagh Road,

New Delhi- 110003.

2.

Central Pollution Control Board

Parivesh Bhawan, CBD- cum- office complex,

East Arjun Nagar,

Delhi-110032.

3.

The Municipal Commissioner

Ahmednagar Municipal Corporation

New Building, Pune Aurangabad Highway,

Besides Top Up Petrol Pump, Mukund Nagar,

Ahmednagar-414003.

4.

The Chairman (MPCB)

Maharashtra Pollution Control Board

Kalptaru Point, 3^rd and 4^th Floor,

Opp. Pvr Theater Sion (E), Mumbai-400022.

5.

The Manager

Reliance Jio Tower Department,

Bansal Palza Opp. Sanjog Hotel,

Ahmednagar-414003.

6.

The State of Maharashtra

through the Chief Secretary, Cs Office

Main Building Mantralaya,

6^th Floor, Madame Cama Road,

Mumbai-400032.

7.

Mr. Rajenrda Joshi

Plot No: 01, Haripriya Vihar, Asra Sociaty

Pipeline Road, Ahmednagar- 414003.

…..Respondent(s)

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Counsel for the Applicant(s):

Mr. Sanjay Bhaskar, Advocate

Counsel for the Respondent(s):

Mr. Rahul Garg, Advocate for R-2

Mr. Vilas Jadhav, Advocate for R-4

PRESENT:

Hon’ble Mr. Justice M. Sathyanarayanan (Judicial Member)

Hon’ble Dr. Arun Kumar Verma (Expert Member)

Orders Reserved on: 07.12.2021

Pronounced on: 14.12.2021

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

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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 A