Don't Allow Installation Of Towers On Residential Buildings Till Further Orders: P&H High Court Directs Punjab Govt.

The Bench of Justice Rajan Gupta and Justice Karamjit Singh has passed this order in view of the fact that installation of towers in a haphazard manner may endanger lives and property of the people and would violate their rights under Article 21 of the Constitution.

Apart from this, the Bench has also issued a notice of motion to the Punjab State Government asking them to clarify as to whether a uniform policy was being adopted across the Punjab or stand-alone instructions had been given for a particular place (SAS Nagar).

Another question which arose before the Court is- as to whether due to wind velocity at times, there can be a danger of the tower being dislocated and endanger the lives of the people?

As a preliminary observation, the Court noted that apart from the tower, there are batteries on the roof which may not be able to bear the burden.

The matter has been posted for further hearing on 10^th March 2021.

Recently, while refusing to issue a mandamus to the respondents for shifting the Mobile Tower to another place, the Uttarakhand High Court had said that it is neither the responsibility nor the duty of the Court to run the administration

Also, the Allahabad High Court recently dismissed a writ petition seeking removal of a mobile tower from a residential area on the ground that it has deleterious effects on human health.

Relying on the decision of a Division Bench in Asha Mishra v. State of UP & Ors.;2017 (1) UPLBEC 261, the Court held,

"Such matters must be left to the mature wisdom of the Government or the implementing agency. It is their forte. In such cases, if the situation demands, the courts should take only a detached decision based on the pattern of the well settled principles of administrative law."

Case title - Simarjeet Singh v. State of Punjab and others [CM-3471-CWP-2021 and CWP-4424-2021]

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