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Remove mobile towers: Thane Municipal Corporation
But high court restrains corporation from taking coercive action against Viao Networks.
Updated : Sep 23, 2011, 12:15 AM IST
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In a rare case, and probably for the first time in the state, a municipal corporation admitted that radiations from mobile towers cause health hazards, especially among pregnant women and children.
The Thane Municipal Corporation (TMC), on July 5, had issued a demolition notice to Viom Networks Limited asking it to remove six of their mobile towers placed atop terraces in housing societies.
But, the Bombay high court on Wednesday restrained the TMC from taking any coercive action against Viao Networks until the next hearing.
“Radiation emitted out of the mobile tower is harmful to pregnant women and children. It leads to serious illnesses such as cancer and brain tumour. Further, there is no permission granted to construct the mobile towers. Due to this illegality, the towers should be demolished within 15 days,” said the notice, which was issued by the additional municipal commissioner of the Vartak Nagar division.
The firm subsequently filed a petition challenging the demolition notice issued by the TMC to the owners or landlords of the societies where the towers are erected.
“Permission under section 44 of the Mumbai Regional Town Planning has already been sought by the company from the corporation, but it is yet to decide on it. After 60 days of the plea, it was deemed to be permission granted and thus the mobile towers were erected," the petition stated.
A division bench of Justice DD Sinha and Justice VK Tahilramani heard the petition on Wednesday.
The advocate of the firm informed the high court that the action taken by the corporation was "unjust" as even before deciding their request for permission they have issued demolition notice.
“Thus, the notice issued on July 5, should be quashed and set aside and the firm be allowed to continue using the mobile towers erected by them,” the advocate argued.
The court issued a notice to the TMC and directed the corporation to file its reply within two weeks. Until then, the court restrained the corporation from taking any coercive action against the company.
