In a fresh litigation seeking removal of mobile tower adjacent to New Type of Public Health Centre (NTPHC) Batalik, Kargil, the High Court directed Government of India (GoI) and other respondents to file their response by next date of hearing.
In this regard, the Court on Wednesday issued notice to GoI through Secretary to government of India, Department of Telecommunications, Bharat Sanchar Nigam Limited (BSNL) through Chief General Manager, Jammu, District Manager, Telecommunication BSNL, Leh, Ladakh Autonomous Hill Dev Council (LAHDC) through Chief Executive Officer or Deputy Commissioner, Kargil, Chief Medical Officer, Kargil, Bharti Airtel Ltd, and Senior Manager, Circle Office, Bharti Airtel Ltd.
The Public Interest Litigation (PIL) filed by Mohammad Habib of district Kargil through Advocate Syed Manzoor Ahmad, states that the respondents Chief General Manager and District Manager BSNL have erected Base Transceiver Station (BTS) popularly known as Mobile Tower adjacent to NTPHC Batalik, in violation of the guidelines issued by GoI and Jammu Municipal Corporation, which causes potential health hazard due to emission of radioactive waves from the said tower.
It says that the mobile tower installed by BSNL adjacent to NHPC Batalik is violative of rights enshrined in Part III of the Constitution of India.
"Even respondents 5 & 6 (CMO Kargil and Bharti Airtel) are trying to erect another Mobile Tower, in close proximity of NTPHC Batalik, without obtaining the NOC from hospital authorities and from local residents of Batalik," the petition says.
As per the guidelines issued by Jammu Municipal Corporation, if the Tower site is within 100 meters radius of a school or hospital, NOC from such school or hospital authorities is sought first as the case may be. Location of communication tower is governed by radio frequency system and cellular operators shall avoid residential areas for erection of the same.
It says that the action of the respondents is illegal and is adversely affecting the health of the locals "who are not in a position to protect their own interest on account of poverty, incapacity and ignorance."
The petitioner has prayed that respondents, GoI, and authorities of BSNL be directed to remove the mobile towers which has been installed in close proximity of NTPHC, Batalik, Kargil and relocate the same as per norms and guidelines of DoT.
The petitioner has also sought that CMO Kargil and Bharti Airtel be directed to restrain from installing the mobile towers in proximity of NTPHC, Batalik, Kargil and to strictly adhere to the norms and guidelines of DoT.