LAWS(BOM)-2019-1-113

BIJU K BALAN Vs. STATE OF MAHARASHTRA

Decided On January 23, 2019
Biju K Balan Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) In these Writ Petitions, the challenge is to the permissions granted by the Municipal Corporation of Greater Mumbai to the telecommunication companies for erection of the Telecommunication Cell Site ("TCS") / Base Station (BS) and installation of Equipments for Telecommunication Network.

(2.) In Writ Petition Nos. 2060 of 2016, 2800 of 2015 and 1382 of 2016, the petitioners question the permission granted to respondent No.3- Reliance Jio-Infocom to erect the Telecommunication Cell Site ("TCS") / Base Station (BS) and installation of Equipments for Telecommunication Network in a Recreational Ground. Whereas, in Writ Petition No. 2152 of 2014, the petitioner assails the grant of permission for setting up of Telecommunication Cell Site(s)/Base Station(s) and installation of equipments for Telecommunication Network (for short, referred as "TCS/BS") on terrace of the building of Vikrant Co-operative Housing Society Limited-respondent No.3 therein, granted by the Municipal Corporation of Greater Mumbai, respondent No.2 to ATC Telecom Tower Corporation Private Limited, Respondent No.4.

(3.) As Writ Petition Nos.2800 of 2015, 2060 of 2016 and 1382 of 2016 arise out of an identical factual backdrop and Writ Petition No. 2152 of 2014 is also based on the premise of perceived adverse effect of electro- magnetic radiation, generated by TCS/BS and installation of Equipments for Telecommunication Network, on health and well-being of humans and other living species, we deem it appropriate to dispose of all these petitions by a common judgment and order.