The High Court on Monday directed the State and Centre government to file their response with regard to the erection of mobile tower adjacent to New Type Public Health Centre (NTPHC) Batalik, Kargil.
The direction was passed after petitioner counsel Syed Manzoor submitted before the Court that the erection of Base Transceiver Station (BTS) popularly known as Mobile Tower is in close proximity to Health Centre, Batalik which can cause potential health hazard due to emission of radioactive waves from the said tower.
He submitted that the mobile tower installed by BSNL adjacent to NTPHC Batalik violates rights enshrined in Part III of the Constitution of India.
"Even respondents, 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," he submitted.
After hearing the counsel, the division bench of Justice Ali Mohamad Magrey and Justice Tashi Rabstan directed respondents to file their response with regard to the grievances raised by petitioner counsel by 15 May.
Earlier, Public Interest Litigation (PIL) was filed by Mohammad Habib, a social activist of Kargil, through Advocate Syed Manzoor Ahmad.
The petition states that the respondents Chief General Manager and District Manager BSNL have erected Mobile Tower adjacent to NTPHC Batalik, in violation of the guidelines issued by GoI and Jammu Municipal Corporation as the said tower can prove health hazardous due to emission of radioactive waves.
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, he submitted.
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 tower which has been installed in close proximity of NTPHC, Batalik, Kargil and relocate the same as per norms and guidelines of DoT.