Noting that the issue of public health and safety was more important than monetary considerations, the Delhi high court on Monday directed the Union government to constitute a panel of technical and medical experts to ascertain the health hazards, if any, from mobile phone towers and submit a report by September 15.
In an interim order, Justice Kailash Gambhir directed the telecommunication secretary and the Municipal Corporation of Delhi (MCD) commissioner to constitute a committee drawing representatives from NGOs and medical and technical experts for the purpose.
The court passed the direction for setting up of a panel since there was no proper mechanism about the alleged health hazards emanating from the mobile towers and antennas.
Justice Gambhir said, “In view of the conflicting views and studies, this court is of the view that the secretary, telecommunication and commissioner, MCD shall constitute a broad-based committee of technical and medical experts who can examine the technology and policies adopted by the developed countries in regulating the installation of cellular towers and antennas.”
The court directed the telecom secretary and the MCD to convene a meeting of the committee within two weeks and submit the report of the expert body within three months.
The court also asked the cellular companies to deposit Rs 2 lakhs instead of Rs 5 lakhs with the Registrar General of the Delhi high court and operate their towers.
The court noted that the Union government and the municipal authorities have a constitutional obligation towards every citizen that any act of the state or an individual does not pose any kind of threat to their safety and health.
The high court also directed the MCD to recognise structural safety certificate given only by a qualified engineer from one of the five institutions: IIT, Delhi, Central Building Research Institute (CBRI), Roorkee, Rail India Technical and Economic Services Limited (RITES), Delhi, National Council for Building Material, Faridabad and IIT, Roorkee.