Cellular operators question NGT jurisdiction to decide cell tower pleas

Various cellular operators today questioned the jurisdiction of the National Green Tribunal to decide a bunch of pleas alleging that mobile phone towers were posing health hazards and "norms were flouted brazenly by all companies involved with installation of mobile towers".

A bench headed by NGT chairperson Swatanter Kumar reserved its verdict on the pleas after the final arguments in the case concluded.

Appearing for different telecom companies senior advocate Ramji Srinivasan argued that there is no evidence to suggest that electromagnetic radiations from the mobile towers cause pollution.

He said that installation of mobile towers and emission of electromagnetic waves from them do not come under the jurisdiction of green panel as mandated under the Environment Protection Act and National Green Tribunal Act.

Srinivasan said that telecom companies which install mobile towers are regulated under two acts-- The Indian Telegraph Act and Indian Wireless Telegraphy Act-- and licences are issued to only those firms who comply with the set guidelines of the Centre and there was no question of flouting the set emission norms.

The counsel for Department of Telecom who submitted a World Health Organization (WHO) report before the bench to show that no health hazards are being caused due to setting up of mobile towers also adopted the same line of arguments and said NGT does not have the jurisdiction to decide the issue.

Appearing for petitioners, senior advocate Raj Panjwani refuted the contentions of telecom operators and others saying that tribunal as mandated under the law is capable of deciding the issue.

"As far as environment protection is concerned no matter in whatever way the pollution is caused, the green panel can decide the issues," he said.

Earlier, on September 9, the panel had asked the Centre to inform it whether the construction of these towers in residential areas would be injurious to humans or not.

The bench has also asked the Centre to submit remedies and steps that are required to be taken for preventing environment and health hazards resulting from such activity.