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IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL WRIT JURISDICTION

WRIT PETITION (CIVIL) NO_________OF 2016

IN THE MATTER OF:

Harish Chand Tiwari Petitioner


Versus

Union of India & Respondents


Ors.

WITH

I.A. NO. _____________OF 2016


APPLICATION FOR EX-PARTE AD-INTERIM STAY

PAPER BOOK

[FOR INDEX:: KINDLY SEE INSIDE]

ADVOCATE FOR PETITIONER: [ ]


SYNOPSIS
That the instant Writ Petition is being preferred by the

Petitioner, who is suffering from serious cancer disease -

Hodgkins Lymphoma, caused by the continuous and prolonged

exposure from tower radiation from the cell phone tower from

Respondent No.3 BSNL, installed on the roof top of adjoining

building of one Padam Gupta. The illegal cell phone tower was

installed in 2002 without obtaining any permission from the

Municipal Corporation and without adhering to any law

governing its installation. The multiple antenna tower installed

in the adjoining house is less than fifty meters away is over

hanging the petitioners garden and the radiation hits directly

into the house area 24/7 continuously for past 13 years,

exposing occupants, including the Petitioner, to harmful

electromagnetic radiation. Given the fact that radiation is

directed sideways slant, the risk of exposure is far more to the

people living adjacent to the towers than those living below it.

The issue was pursued by the owners of the house where

petitioner No1 lives with the respondents but with no results.

The response of respondents and the local authorities was

completely shocking and against their obligations to address the

complaints effectively.

That across India illegal towers has become very serious

issue and wide spread fear with regard to ill effects of radiation

leading to multiple litigation across India, where in each court


has dealt with the issue in its own way, resulting varied points

of view without their being one consolidated view to allay the

fear of millions of people .

With each passing year the fear has grown with more and

more and more cases of cancer have being reported cross India

with near conclusive indication of cause being exposure to cell

tower radiation including the present petitioners case. Looking

at both sides of the coin, where in the Respondent maintaining a

stand that the studies are inconclusive and the number of studies

and scientist very strongly maintaining that there is a strong

connection between the cell tower Radiation and adverse health

effects.

It is also believed that large number of studies namely the

telephone studies, which have consistently maintained

inconclusive stand, are believed to have been sponsored by the

telecom operators and therefore unreliable.

It is important to mention here that there are studies

which have conclusively established ill effects EMF radiation

on bees, bird, rats and plants and these findings cannot be

ignored considering that it may be true even for human beings .

Whatever the ultimate truth may be one thing is clear that

if there is no a conclusive evidence to show adverse health

effects of electromagnetic radiation emitted from cell phone

towers, there no conclusive study to show that the


Electromagnetic radiation from cell phone or its towers is safe

for humans. In the back ground of there being a possibility of

irreversible adverse effect on human health, it has become

imperative to tread with caution and address the issues based on

precautionary principles. Which principles has been completely

given a go by and ignored by the Respondents, in its endeavor

to achieve targets and goals, of making India, a country with

highest teledensity in the world, achieving greater national

GDP, however laudable this goal may, it cannot be at the cost of

human welfare and well being , which is the paramount right

enshrined in the constitution of India Under Article 21.

That despite advisory guide lines issued by the DoT in

2012 and 2013 governing installation of mobile tower, in depth

inquiry has shown that more than 50% towers in India are

illegal and without following the statutory prescribed limits of

radiation. Fact that on an average more than 50% towers are

illegal, itself is evidence of the fact that the Respondent 1and 2

do not and have not taken their role seriously enough and

miserably failed to take any effective remedial steps to deal

with illegal towers coming up across India.

In addition to illegal towers there is also issue with regard

to current legal frame work /guide lines being inadequate, un

balanced and lacking uniformity across India for installation,

maintenance of radiation levels, risk-management of radiation/


and compliance, monitoring , grievance redressal and

enforcement etc.

In this behalf the inter-ministerial committee appointed in

2010, has given its report in 2011 with very important

recommendation which have been approved by the Government

of India, it is unfortunate that except for lowering the radiation

levels from 2008 norm from 4.5mhz to 0.45 mhz and reducing

the SAR value of hand set from 2 watt to 1.6 watt, (enforcement

and compliance of which is also questionable). The Respondent

1and 2 have failed to incorporate any other valuable

recommendations based on precautionary principles.

Bare perusal of the 2013 guidelines will reveal that the

guidelines in the larges interest of the telecom operators. While

giving recommendation, the inter-ministerial committee had

proceeded on basis of the precautionary principles like the rest

of the world keeping mind the overwhelming evidence pointing

towards strong connection between mobile tower/mobile phone

radiation and dreadful diseases.

Similarly the DoT has failed to incorporate guidelines

framed by the MoEF, pursuant to studies conducted by them on

radiation effect on the environment, bees and birds.

The respondents have collectively failed to full fill their

larger public duty by framing guidelines keeping mind

precautionary principle and the recommendations of


interminesterial committee and the MOEF. And single

mindedly pursued only the agenda of the telecom operators,

giving priority to commercial interest of few operators over

safety of health and life of more than a billion people of this

country. As the instrumentalities of the state the respondents

were under constitutional obligation to oversee and ensure

telecom network roll out, without in any manner jeopardizing

health of petitioner and similarly placed people, especially when

they belong to weaker sections of the community and unable to

battle against the strong and powerful opponent, who is

exploiting them. Mobile tower companies and Respondent 1

and 2 are violating constitutional and fundamental right of the

petitioner and citizen of this country by installing illegal towers,

not following prescribed limits of radiation and failing in

certifications and compliance monitoring.

The public stand taken by Government, DoT and the

TRAI, stating that there is no connection between the mobile

tower radiation and human health without there being any

conclusive report to the effect that radiation is safe , is also

violation of the fundamental right of the petitioners and the

people at large. Because it is not disputed that EMF/EMR above

certain levels can trigger biological effects, further WHO has

opined that there are gaps in knowledge about biological effects

exist and need further research.


In view of the fact of very high number of illegal towers

without level monitoring exist very strong possibility of adverse

health effects and with gaps in knowledge it is imperative to fill

up the existing lacunas in the current legal frame work to fully

protect the people

That the Petitioner further submits that under present

circumstances, U/A 21 of the Constitution of India every citizen

of India is entitled to full and complete information of every

aspect with regard to the radiation levels in the environment that

they live in, in order make informed choices. The current

compliance monitoring and information systems are grossly

inadequate and therefore counterproductive. Under present

guidelines there is no provision for providing complete

information in public domain. The inter-ministerial committee

has also recommended Creation of national base with

information on all base station, their emission levels and display

on public domain.

In addition to above, it is submitted that the current guide

line providing for self certification is against the public policy

of India and needs to changed to a reliable third party

certification, further the mandate of the TERM cell to conduct

10% compliance monitoring of existing towers, is arbitrary and

against the public interest, keeping in mind that said system has

completely failed, as also noted by the Parliamentary Standing


Committee. The serious threat to human health and the fact that

more than 50% cell phone towers on average in India are

illegal. There is an urgent need to compliance monitor 100%

base stations, which will in turn also help in resolving the illegal

towers issue.

It is humbly submitted that in case of lack of adequate

legal frame work /guidelines only this Honble Court has the

jurisdiction to frame uniform guidelines across all states in India

to safeguard public health and the humble petitioner has no

other option but approach this Honble Court to remedy large

scale menace of illegal, unmonitored mobile towers across India

hence the petition.

As regards the Petitioner, directions be issued to the

Respondent No. 4 by this Honble Court to immediately remove

its tower from the locality where the Petitioners are residing for

being illegal and unauthorized and in violation of guide lines.

That the Respondent No 3 on the principle of restitution, be

further directed to pay compensation in terms of money and life

time treatment to the Petitioner No 1.

LIST OF DATES

Since The Petitioner has been working continuously as

1990 domestic help in the house of late Shri Prakash Sharma,

Ashok Bhawan, Dal Bazaar, Lashkar, Gwalior, MP.


2002 BSNL, the Respondent No 3 herein, installed mobile

tower on the roof top of the premises of one Sh. Padam

Gupta (adjoining residence of the Petitioner), without

obtaining any permission from the Municipal Corporation

and in violation of all rules, norms and guidelines issued

by Government of India and its authorities in this regard.

The multiple antenna tower (approx seven to eight

antennae) installed on the house within less than fifty

meters distance, overhanging the garden of petitioners

residence with the radiation coming directly into the

house area thats open to sky 24/7, for past 11 years,

exposing occupants, including the Petitioner, to harmful

electromagnetic radiation and eventually leading to

cancer and other diseases.

2002 to That the employer of the Petitioner, Shri Prakash Sharma

2005 immediately took up this issue with the Local authorities

and BSNL officers with regard to structural safety and

bad effects of radiation, without any positive result.

09.04.06 Shri Prakash Sharma passed away after a brief illness and

the complaint was not pursued thereafter.

04.11.08 Belatedly, Govt. of India, adopted the International

Commission for Non Ionizing Radiation Protection

(ICNIRP) Guidelines vide letter no 842-998 /2008-

AS_IV /14dated 4th Nov 08, which are follows ,


License conditions of Operators were amended on

4.11.2008, with directions to comply to ICNIRP

prescribed radiation norms.

Directions to report compliance of radiation limits/ levels

through annual self certification of their BTS to the

respective Telecom Enforcement Resource & Monitoring

(TERM) Units of Licensor (DoT).

30.08.10 the Ministry of Environment & Forests, (Wild Life

Division) also constituted a committee in 2010 to assess

the level of possible impacts of growth of mobile towers

in Urban, Sub-urban and even rural/forest area on the

population of birds and bees and to suggest appropriate

mitigate measures to address the problem.

01.09.10 In wake of growing concern and large scale reports of

individuals being affected with cancer in the vicinity of

mobile towers, PMO was constrained to constitute a high

powered committee to examine effects of EMF radiation.

consisting of officers Department of Telecom, Indian

Council of Medical research, Ministry of Health,

Department of Biotechnology and Ministry of

Environment and Forest to examine the effect of EMF

Radiation from base stations and mobile phones.


01-01-11 Inter-Ministerial Committee submitted it report inter alia

giving recommendation and reduced the power from 4.5

watts/sqm to 0.45watts/sqm and SAR levels of mobile

phone from 2 to 1.6 watts/kg.

01.09.12 DoT enforced new norm for EMR based on inter

ministerial committee report, which was approved by

Govt. of India, to reduce electromagnetic radiation

emanating from every tower by one-tenth of existing

permissible limits of 2008 ,4.5 mhz to 0.45 mhz

01.08.13 The DoT issued new guide lines in supersession of all

earlier guidelines to all State Govt. for installation of

mobile towers. Broadly, these guidelines envisage the

service provider obtaining requisite permission for

installation of mobile towers and BTSs from the State in

which the tower is being installed, and from the local body

within whose jurisdiction the tower is to be placed,

prescribing audit standard for TERM Cells relating to the

placement and position of the proposed BTS's with

reference to existing towers and BTSs. This is apart from

the clearance that the service provider is obliged to obtain

from the "Standing Advisory Committee for Frequency

Allocations" (SACFA). Some of the salient compliances

which these guidelines require are: "(a) A SACFA

clearance; (b) Structural Stability Certificate; (c) Clearance

from the Fire Safety Department; (d) Clearance and NOC


from local bodies; (e) Payment of regulatory fees"

17.09.13 Two big glandular swelling were noticed on the neck of

the Petitioner, he was immediately referred to civil

hospital, and was suggested biopsy, petitioner was

operated upon and tissue slide was sent for

histopathology.

07.10.13 Immediately a letter was issued to Respondent no.4 by

petitioner No 2 Sh. Anil Sharma regarding his meeting

with General Manager and AGM of Respondent no.4 to

explain them the situation and for removal of tower .

25.10.13 Histopathology report was received which was indicative

of Granulomatous Lymphadenitis Tubercular glands

(TB) Based on the histopathology report, indicating TB

the petitioner was administered TB medication for period

one year.

13.11.13 Patient was administered medication for TB for period

over one year. But the patient redeveloped the gland on

the same place. As the patient was under medication for

this regard for TB an FNAC test was conducted instead of

operation.

27.11.13 A legal notice through counsel was issued to the

Respondents.

21.01.14 The Respondent no.2 replied to the legal notice saying

that it has no role to play in installation of mobile phone


towers.

28.01.14 Another Legal notice was issued to Respondent No1 and

4, DoT and BSNL.

08.02.14 Respondent no.4 replied to the legal notice malafidely

and wrongly alleging that there is no health hazard

associated with cell phone towers.

October Petitioner No 1 noticed redeveloped glands on the same

2014 place and went for medical examination, when he was

advised to undergo FNAC, the needle test.

12.02.15 In the meanwhile FNAC Report of the Petitioner was

received which pointed towards possibility of cancer.

Further confirmative test, including removal of gland was

advised.

28.02.15 Excision biopsy of lymph node was conducted in Cancer

Hospital and Research Institute, Gwalior. Histopathology

report of cancer hospital Gwalior, again diagnosed it as

TB.

03.03.15 But as matter of abundant precaution sample was also

sent to Rajiv Gandhi Cancer Institute and Research

Centre and after due care and precaution of confirmative

IHC test it was declared that the gland was cancerous and

patient suffered from Hodgkins Lymphoma.

05.03.15 The Petitioner was advised Chemotherapy and was

accordingly administered chemotherapy treatment for


four months, followed by radio therapy for further two

months. After completion of Radio therapy petitioner was

put on oral medication.

11.08.15 Standing committee telecom tabled its report in Lok

Sabha on Action Taken by the Government on the

Observations/Recommendations of the Committee

contained in their Fifty-third Report (Fifteenth Lok

Sabha) on Norms for setting up of telecom towers, its

harmful effects and setting up of security standards in

expansion of telecom facilities.

06.09.15 After completion of Radio therapy oral medication was

started and still going on to prevent reoccurrence.

01.12.15 Rajiv Gandhi Cancer Hospital Suggested 18F FDG whole

body PET -CT scan to check restaging of Lymphoma and

with Gods grace no restaging was found and patient was

declared clean, However, reoccurrence cannot be ruled

out in view of continued exposure to radiation.

.05.2016 Hence this Writ Petition.


IN THE SUPREME COURT OF INDIA

(CIVIL ORIGINAL JURISDICTION)

WRIT PETITION (C) NO.___________OF 2016

IN THE MATTER OF:

1. Harish Chand Tiwari

aged about 42 years,

S/o Sham Sharan Tiwari

Ashok Bhawan

Dal Bazaar, Gwalior

2. Sh. Anil Sharma

S/o Late Sh. Prakash Sharma

R/o Ashok Bhawan, Dal Bazaar,

Gwalior, MP . Petitioners

VERSUS

1. Union of India

Through Secretary

Department of Telecommunications,

Ministry of Information Technology,

Sanchar Bhawan 20, Ashoka Road

New Delhi 110001

2. The Chairman,

Telecom Regulatory Authority of India

Mahanagar Doorsanchar Bhawan,


Jawaharlal Nehru Marg, New Delhi 110002

3. The Chairman-cum-Managing Director,

Bharat Sanchar Nigam Limited,

Corporate Office, Barakhamba Road,

New Delhi

4 Muncipal Corporation of Gwalior

Through Municipal Commissioner Respondent s


WRIT PETITION UNDER ARTICLE 32
OF THE CONSTITUTION OF INDIA

TO

THE HONBLE CHIEF JUSTICE OF INDIA


AND HIS COMPANION JUSTICES OF
THE HONBLE SUPREME COURT OF INDIA

THE HUMBLE PETITION OF


THE PETITIONER ABOVE
NAMED:

MOST RESPECTFULLY SHOWETH:


1. That, the instant Writ Petition has been filed by the above

named Petitioners on behalf of themselves and their

families(representative capacity?) for protection from harmful

Electromagnetic Radiation from the BSNL, multiple antenna

mobile tower (seven to eight antennae) installed in extremely

close proximity of the residence of the petitioner. Petitioner No.

1 is suffering from serious cancer disease, due to continuous

exposure to EMF radiation from the Respondent No 3 BSNL

Mobile tower since more than 13 years. The tower is installed at

the roof top of the premises, adjacent to the residence of the

petitioner, praying to this Honble Court inter alia, seeking a

writ in nature of mandamus thereby directing the Respondent


No. 3 to immediately remove its tower and direct all the

Respondents to pay compensation in terms of money and cost

for life treatment to the petitioner, further direct Respondent

No.1 and 2 ensure full compliance of the existing norms for

installation of towers, to curb the menace of rampant illegal

tower installed over India and amend, modify and supplement

the current law to adequately cover the existing lacunas and

short comings in installation, monitoring and compliance

radiation norms, also in view of the recommendations of the

inter-ministerial committee, which were approved by the Govt.

of India. Review/modify prescribed levels as per existing

international standards and in view of the possibility of harm

from current levels and further to amend existing norms /guide

lines of Respondent no 1 keeping in mind precautionary

principle to protect the people at large.

2. The respondent No1 is Department of Telecommunications

(DoT), under Ministry of Communications & Information

Technology. The grant of licenses for establishment of a mobile

network and connected aspects are administered and regulated by

the DOT. The issue of fixation of standards, monitoring of

compliance and other allied aspects emanating from radiation

emissions by mobile towers and BTSs is laid down by DOT.

3. That the respondent No2 TRAI --with the entry of private sector

in the provision of telecommunication services a need was felt

to have an independent regulatory body. Telecom Regulatory


Authority of India (TRAI) was established in the year 1997 in

pursuance of TRAI (Ordinance) 1997, which was later replaced

by an Act of Parliament, to regulate the telecommunication

services. TRAI is entrusted with recommendatory, regulatory

and tariff setting functions. Which include compliance of terms

and conditions of license, effective management of spectrum,

lay down the standards of quality of service to be provided by

the service providers and ensure the quality of service and

conduct the periodical survey of such service provided by the

service providers so as to protect interest of the consumers of

telecommunication service, ensure effective compliance of

Universal Service Obligations.

4. That the Res No 3 is the Bharat Sanchar Nigam was

incorporated on 15 Sep 2000, it took over the business of

telecom services and network management from Central

Government. BSNL is one of the largest public sector

undertakings providing comprehensive range of telecom

services. It is also responsible for installation of mobile tower

near the residence of the petitioner.

5. That the respondent no 4 the municipal corporation of Gwalior,

under whose jurisdiction the tower is situate.

6. That it is relevant to mention here the last decade is

characterized by significant penetration of telecommunications

in India. This growth has been primarily fuelled by the cellular

segment (mobile phones) a tele-density of 3.58% in March 2001


to 78.13% in February, 2015 the composition of the telecom

sector too has witnessed a structural change, with the private

sector accounting for around 88 % of the total connections.

While urban teledensity has risen to 148%, rural teledensity has

also increased significantly to 40%. The telecom policy has set

ambitious targets of 100% rural teledensity and 600 million

broadband connections by 2020.

7. This great leap in both the number of subscribers and revenues

from telecom services has contributed significantly to the

growth in GDP and employment. According to various reports

increase in 10% penetration of mobile broadband leads to more

than 1% increase in GDP of country. Telecom towers are

critical installations on which the backbone of mobile

communication rests. A robust and scalable mobile

infrastructure including towers is must for universal access to

communication.

8. That in pursuance of its target the Respondents completely over

looked the adverse health effects from EMF/ radiation and were

quick to proceed believing current evidence does not confirm

the existence of any health consequences from exposure to low

level electromagnetic field, completely overlooking the flip

side that there is no conclusive evidence to show that the

impugned radiation is safe for humans. And proceeded to make

rules, regulations, guidelines based on the unproven

presumption of safety of current levels of radiation emitted and


inadvertently exposing the people including petitioners to EMF

radiation by erecting towers across India without proper

permission and monitoring.

9. The respondents collectively failed to full fill their

constitutional obligation and ensure safety of petitioners and

public at large from illegal towers and un-monitored radiation,

inadequate legal frame work etc leading to gross violation of the

rights of the petitioner No1. by continuously exposing him to

EMF /radiation for long periods of time, almost 13 years,

resulting in cancer. In view of the conclusive finding that high

levels of radiation.

10. That petitioner here in after has relied on some important

studies, reports and data in support of its contention, which very

strongly point towards very serious health hazards and adverse

effects being caused due to continuous exposure from

electromagnetic radiation from cell phone towers necessitating

intervention of this Honble court in framing stringent

guidelines, for safeguarding right to life and liberty of people

as guaranteed under Article 21 of constitution of India, which

power only this court alone has.

11. So far the most reliable and independent report by sage associates

/David carpenter known as Bioinitiative Report of 2012 have

linked several adverse health effects to electromagnetic fields

from mobile tower and handsets including effects on wildlife like

birds, bats, honey bees, etc. Some of the health effects reported are
effect on cell growth, cell differentiation, DNA damage, altered

immune system, hormonal effects, pervasive impairment of

metabolic and reproductive system, effect on fertility,

reproduction and health of off-springs, risk of glioma (a malignant

brain tumour), sleep disorders, confusion, anxiety and depression

and appetite disturbance, etc. and have suggested that minimum

possible exposure levels and similarly Health Council of

Netherlands in their report mobile phones and cancer part 1

Epidemiology of tumors in the head has held there is not reson not

apply the ALARA principle to exposure to RF/EMF ,meaning that

exposure should be AS LOW AS RESONABLY ACHEIVABLE .

12. On 14.04.2008 the Russian National Committee of Non-Ionizing

Radiation Protection - consisting of Professor Yuri Grigoriev from

Federal Medical Biophysical Centre, Dr Nina Rubtsova at the

RAMS Institute of Occupational Health, Dr Anton Merkulov at

the Center for Electromagnetic Safety, Professor Igor Belyaev at

Institute of General Physics of Russian Academy of Science

resolved that the current safety standards for exposure to

microwaves from the mobile phones have been developed for the

adults and dont consider the characteristic features of the

childrens organism.

13. The WHO also considers the protection of the childrens health

from possible negative influence of the EMF of the mobile phones

as a highest priority task. This problem has also been confirmed

by the Scientific Committee of the European Commission, by

national authorities of the European and Asian countries, by


participants of the International scientific conferences on

biological effects of the EMF. Potential risk for the childrens

health is very high:

(a) the absorption of the electromagnetic energy in a childs head

is considerably higher than that in the head of an adult (childrens

brain has higher (b) conductivity, smaller size, thin skull bones,

smaller distance from the antenna etc.);

(c) childrens organism has more sensitivity to the EMF, than the

adults;

(d) childrens brain has higher sensitivity to the accumulation of

the adverse effects under conditions of chronic exposure to the

EMF;

(e) EMF affects the formation of the process of the higher nervous

activity; todays children will spend essentially longer time using

mobile phones, than todays adults will.

According to the opinion of the Russian National Committee on

Non-Ionizing Radiation Protection, the following health hazards

are likely to be faced by the children mobile phone users in the

nearest future:

(i) Disruption of memory, decline of attention, diminishing

learning and cognitive abilities, increased irritability, sleep

problems, increase in

(ii) sensitivity to the stress, increased epileptic readiness.

Expected (possible) remote health risks: brain tumors, tumors of

acoustical and vestibular nerves (in the age of 25-30 years),

Alzheimers disease, got dementia, depressive syndrome, and


the other types of degeneration of the nervous structures of the

brain (in the age of 50 to 60).

14. The members of the Russian National Committee on Non-

Ionizing Radiation Protection emphasize ultimate urgency to

defend childrens health from the influence of the EMF of the

mobile communication systems. We appeal to the government

authorities, to the entire society to pay closest attention to this

coming threat and to take adequate measures in order to prevent

negative consequences to the future generations health. The

children using mobile communication are not able to realize that

they subject their brain to the EMF radiation and their health to

the risk. We believe that this risk is not much lower than the risk

to the childrens health from tobacco or alcohol. It is our

professional obligation not to let damage the childrens health by

inactivity.

15. That the present writ petition raises the following questions of

Public Importance

Questions of Public Importance

1. Whether the rampant illegal towers with largely

unmonitored emission levels infringe the rights of the

petitioners and public at large u/a 21.

2. Whether current guide lines /rules, regulations/legal frame

work is adequate and sufficient to deal with the threats of

possibility of adverse effects of EMF radiation.


3. Whether current guide lines /rules, regulations/legal frame

work are balanced to further the commercial interest in

harmony with the welfare and well being of the petitioner

and public at large.

4. Whether in absence of adequate guidelines / legislation

this Court alone has power to lay down guidelines in

matters concerning health hazards from EMF radiation

from mobile towers and mobile handsets, as held in

[Vishakha and Ors. vs. State of Rajasthan & Ors., 1997 (6)

SCC 241]

5. Whether the respondents were under obligation to adopt

the recommendations of the inter-ministerial committee

based on precautionary principle to protect citizens of this

country.

6. Whether current available scientific studies and reports

constitute sufficient evidence to conclusively link EMF

radiation to adverse health effects, more so in the fact of

the conclusive finding based on studies that EMF radiation

has adversely affected the bees, birds and animals.

7. Whether the current prescribed levels of radiation have

been conclusively established to be safe for human, plant

and animal life?

8. Whether self certification of radiation levels by service

provider is against the public policy of India?


9. Whether citizens of India have constitutional right u/a 21

to have full and complete information in public domain on

mobile towers around them?

10. Whether EMF radiation is a pollutant?

11. Whether principle of restitution shall be available to the

petitioner?

16. Brief facts leading to filing of the instant Writ Petition are set

out herein below:

i. That the petitioner has been working as domestic help

/care taker in the house of Shri Prakash Sharma for last

twenty six years at Ashok Bhavan, Dal Bazaar Gwalior.

In the year 2002 multiple antenna BTS (Base

Transmitting Stations) of Respondent no.3 BSNL was

installed on the roof top of adjoining building of one

Padam Gupta, without obtaining any permission and in

violation of other norms ensuring structural safety safe

distance etc . Sh. Prakash Sharma took up this issue with

Municipal Authorities and the G.M of Respondent No 4.

The Color photographs of the Mobile Tower installed by

the BSNL Company are annexed herewith and marked as

Annexure P/ 1 (Page

ii. That Sh. Prakash Sharma pursued this issue of removal of

the tower with local authorities for several years with no


result. Shri Prakash Sharma passed away on 9 April th

2006,. After the death of Shri Prakash Sharma the

complaint was not pursued. The petitioner No 1 is only

person who lived in the house continuously for period 13

years till date.

iii. In September, 2013 two big glandular swelling were

noticed on the neck of the Petitioner, he was immediately

referred to civil hospital, and was suggested biopsy

petitioner was operated upon and tissue slide was sent for

histopathology. Report was received which was indicative

of Granulomatous Lymphadenitis Tubercular glands

(TB) Based on the histopathology report, indicating TB

the petitioner was administered TB medication for period

one year. True copy of the medical reports dated 25.10.13

and 13-11-2013 are annexed herewith and marked as

Annexure P/2 and P/3 (Page.

iv. That despite medication the Petitioner redeveloped the

glands on the same place after gap of one year. Since the

Petitioner was under medication for TB, an FNAC

(needle test) was conducted. The FNAC Report received

on 12-02-15 pointed towards possibility of cancer.

Further confirmative test, including removal of gland was

advised. On 28-02-15 excision biopsy of lymph node was

conducted in Cancer Hospital and Research Institute,


Gwalior. Histopathology report of cancer hospital

Gwalior, again diagnosed it as TB. But as matter of

abundant precaution tissue sample were also sent to Rajiv

Gandhi Cancer Institute and Research Center, at New

Delhi and after conducting series of test and confirmative

Immuno Histochemistry (IHC) test, it was declared that

the gland was cancerous and petitioner suffered from

Hodgkins Lymphomaa type of cancer caused when an

infection-fighting cell called a B cell develops a mutation

in its DNA. The mutation causes a large number of

oversized, abnormal B cells to accumulate in the

lymphatic system, where they crowd out healthy cells and

cause Hodgkin's lymphoma. Copy of Lab Test Report of

Rajive Gandhi research institute dated 3-03-15 is

annexed herewith and marked as Annexure P/4(Page

v. That the Petitioner No1 was advised Chemotherapy and

was accordingly administered chemotherapy treatment for

four months, followed by radio therapy for further two

months, till 6-9-15. Copy of chemo therapy prescription

Cancer Hospital and Research institute dated 05-03-15 is

annexed here with as Annexure P /5(Page

vi. After completion of Radio therapy Petitioner was put on

oral medication. On 01-12-15 Rajiv Gandhi Cancer

Hospital Suggested 18F _FDG whole body PET -CT scan


to check restaging of Lymphoma and with Gods grace no

restaging was found and patient was declared clean,

however oral medication continues and possibility of its

recurrence cannot be ruled be out in face of continued

exposure to radiation. Copy of Nuclear health care LTD

date 15-12-2015 is annexed here with as Annexure P /6

(Page

vii. That a letter was issued to Respondent no.3 by Sh. Anil

Sharma regarding his meeting with General Manager and

AGM of Respondent no.3 to explain them the situation

but to the distress of the petitioner no steps were

undertaken by Respondent no. 4 for removal of tower

from a thickly populated area. The true copy of letter

dated 07.10.2013 by Sh. Anil Sharma is annexed herewith

and marked as Annexure P/ 7 (Page. To...).

viii. That after the Petitioner No1 was detected with cancer,

petitioner No 2 being the employer of petitioner 1 sent a

legal notice to the Respondent No1 and 2, only (TRAI)

replied stating that they have no role in granting

permission for the installation of mobile tower. While

DoT and BSNL never replied to the notice, but two

member team from DoT visited the site and by just

looking at the tower, verbally informed petitioners that

radiation is within norms, without conducting any tests to


the satisfaction of the petitioner . DoT team completely

ignored the fact that tower was located in extreme close

proximity to the house, less than fifty meters, has more

than prescribed numbers of antennas. The tower still

stands tall spewing radiation. Similar was the attitude of

the local authorities. The casual approach and attitude of

the authorities and DoT was shocking. True copy of the

legal notice dated 28-01-14 is annexed herewith and

marked as Annexure P/8 (Page. ) .

ix. True copy of the reply notice dated 21.01.2014 of the

Respondent no. 2 is annexed herewith and marked as

Annexure P/ 9(Page) .

Development of Law governing EMF radiation in

India

x. The International Commission on Non-Ionizing Radiation

Protection Guidelines (ICNIRP), were adopted by the

Union Government in 2008. ICNIRP Guidelines mandated

that the exposure limit to electromagnetic radiation from

mobile towers and BTS's should be limited to 0.08 W/kb.

Consequent to the adoption of these guidelines the licensing

conditions of all telecom service providers in the country

were amended and measures were put in place requiring

them to comply with the radiation norms as prescribed by

and under the ICNIRP guidelines.


xi. That the adverse effect of radiation grew stronger and the

the Ministry of Communications and Technology,

Department of Telecommunication, was constrained, on

the intervention of the then PMO, an inter-ministerial

committee consisting of member from Indian council of

medical research (IMRC), Ministry of Health,

Department of Biotechnology was constituted to examine

the effect of EMF radiation from base stations and mobile

phones. Copy of report of inter ministerial committee on

EMF Radiation is annexed herewith and marked as

Annexure P/ 10 (Page

xii. The Environment & Forests, (Wild Life Division) also

constituted a committee on 3 August 2010 to assess the


0th

level of possible impacts of growth of mobile towers in

Urban, Sub-urban and even rural/forest area on the

population of birds and bees and to suggest appropriate

mitigative measures to address to the problem. The true

typed copy of advisory on the use of mobile towers to

minimize their impact on wild life including birds and

bees dated 09.08.2012 issued by the MOEF are annexed

herewith and marked as Annexure P/11 (Page..

to.)

xiii. Subsequently and based upon the recommendations made

by an Inter Ministerial Committee constituted by the Union

Government which examined the issue of electromagnetic


radiation a policy of abundant caution was adopted. On 30

December 2011, DOT enforced stricter norms providing for

radiation from BTS's being limited to 1/10th of the limits

prescribed by the ICNIRP guidelines. These limits as they

stand disclosed in the Affidavit filed before us are as

follows: 8. To ensure compliance of the standards, DOT, on

8 April 2010 directed all licensees to comply with the

reference limits/levels adopted by the Government of India

in respect of EMF radiation norms by way of a self-

certification procedure of their BTS's. DOT is also stated to

have thereafter constituted TERM Cells for different

regions of the country and presently as Page 4 Manupatra

Information Solutions Pvt. Ltd. per the statutory and

regulatory framework in place, service providers can

energize their BTSs commercially only after the self

certification testing procedure is completed and a certificate

in respect thereof has been duly submitted to the TERM

Cell.

xiv. In August 2013, DOT issued the "Advisory Guidelines for

State Governments for Issue of Clearance for Installation of

Mobile Towers". These Guidelines dated 1 August 2013

have been issued by DOT in supersession of all earlier

guidelines and circulars issued on the subject. Broadly,

these guidelines envisage the service provider obtaining

requisite permission for installation of mobile towers and

BTSs from the State in which the tower is being installed,


and from the local body within whose jurisdiction the tower

is to be placed, prescribing audit standard for TERM Cells

relating to the placement and position of the proposed

BTS's with reference to existing towers and BTSs. This is

apart from the clearance that the service provider is obliged

to obtain from the "Standing Advisory Committee for

Frequency Allocations" (SACFA). Some of the salient

compliances which these guidelines require are: "(a) A

SACFA clearance; (b) Structural Stability Certificate; (c)

Clearance from the Fire Safety Department; (d) Clearance

and NOC from local bodies; (e) Payment of regulatory fees"

9. DOT apart from the above is also stated to have issued

instructions to TERM Cells for carrying out technical audits

of BTS's and to measure periodically the radiation from the

towers which have come into commercial operation. For

this purpose detailed guidelines have been codified by the

Telecommunication Engineering Center called the "Test

Procedure for Measurement of Electro Magnetic Fields

From Base Station Antenna". 10. The State of U.P. has

framed building byelaws with reference to the powers

conferred? The true typed copy of modified guidelines

issued by the Govt. of India dated 01.08.2013 are annexed

herewith and marked as Annexure P/12

(Page..to.)
xv. Standing committee telecom tabled its report dated

11.08.2015 in Lok Sabha on Action Taken by the

Government on the Observations/Recommendations of

the Committee contained in their Fifty-third Report

(Fifteenth Lok Sabha) on Norms for setting up of

telecom towers, its harmful effects and setting up of

security standards in expansion of telecom facilities.

xvi. The Petitioner is 42 years of age, having two small school

going children, wife and dependent parents. He could not

even afford huge treatment cost and the same was borne

by his employers. After completion of Radio therapy on

06.09.15 oral medication was started and still going on to

prevent reoccurrence along with himself his children are

also at grave risk .

xvii. The Petitioners illness and treatment has left him weak

and lacking in strength and much reduced working

ability. Therefore not capable of taking up any job

anywhere else. The right to life of the petitioner has been

violated by gross inaction by the respondents. Union of

India and Department of Tele- communications have

failed to fulfill their Constitutional obligation/public duty

to frame proper and sufficient legal frame work to protect

citizens of India from harmful effect of RF/EMR in wake

of over whelming scientific evidence connecting EMR


from mobile towers to serious health hazards. The Tower

installed by the Respondent No. 5 needs to be

immediately removed from the locality where the

petitioner is residing and a further direction may be issued

to all the Respondents on the principle of restitution to

pay compensation in terms of money and life time

treatment to the petitioner.

xviii. The Respondent No.1 maintains that in order to maintain

continuity of service, it is imperative that mobile towers be placed

in all areas including residential and commercial areas. Bearing in

mind the above objective that DOT, does not place any limitation

of a permissible distance between towers. For the aforesaid reason

also it is contended that there is no restriction on the placement of

these towers near schools, hospitals or residential areas.

According to the respondents, the prescription of adherence to a

norm which is 1/10th of the safe limit prescribed by ICNIRP is a

sufficient safeguard against all perceived dangers to human health.

They submitted that even in the case of multiple sites or cluster of

antennas installed in close proximity the overall radiation limits

are not permitted to exceed the exposure limits mandated by

Department of Telecommunication (DoT) Completely over

looking following facts

xix. Brief facts about EMR

Cell towers emit microwaves which are non ionizing type of

Electro Magnetic Radiation (EMR).Which have two types of


reported effects (of EMF exposure) on human health (A) Bio-

effects and (B) health effects: - 1. Bio-effects are of two types

i.e (A).Thermal Effects:- Refers to the heat generated due to

absorption of EMF radiation causing body temperature to

increase. Prolonged thermal effect may lead to increase in body

temperature. It is said that being in close proximity of tower is

like being in micro wave oven 24x7. (B) Non-Thermal Effects:-

Non-thermal effects are attributed to the induced

electromagnetic effects inside the biological cells of the body

which is more harmful.

When a human body is exposed to the electromagnetic

radiation, it absorbs radiation, because human body consists

of 70% liquid. It is similar to that of cooking in the

microwave oven where the water in the food content is

heated first. Microwave absorption effect is much more

significant by the body parts which contain more fluid

(water, blood, etc.), like the brain which consists of about

90% water. Effect is more pronounced where the movement

of the fluid is less, for example, eyes, brain, joints, heart,

abdomen, etc. Also, human height is much greater than the

wavelength of the cell tower transmitting frequencies, so

there will be multiple resonances in the body, which creates

localized heating inside the body. This results in boils,


drying up of the fluids around eyes, brain, joints, heart,

abdomen, etc.

A study in FRANCE (Santini, 2002) In this study the

people who lived closest to the cellular antennas had the

highest incidences of the following disorders: fatigue, sleep

disturbances, headaches, feeling of discomfort, difficulty in

concentrating, depression, memory loss, visual disruptions,

irritability, hearing disruptions, skin problems,

cardiovascular disorders, and dizziness. And suggested that

the BTS must be at least 300 meters from in habited areas .

GERMANY (Eger H, 2004) The aim of this study was to

examine whether people living close to cellular transmitter

antennas were exposed to a greater risk of becoming ill with

malignant tumors. The researchers found that the proportion

of newly developing cancer cases was significantly higher

among those patients who had lived within 400 meters from

the cellular transmitter site during the past 10 years,

compared to those patients living further away. They also

found that the patients fell ill on average 8 years earlier.

After five years of operation of the transmitting installation,

the relative risk of getting cancer had increased by 3-fold for

the residents of the area near the installation, compared to

the inhabitants outside the area. Breast cancer topped the list,

and the average age of contracting this disease was

considerably lower, 50.8 years compared to 69.9 years for


the people living in the outer area. Cancers of the prostate,

pancreas, bowel, skin melanoma, lung and blood cancer

were all increased.

ISRAEL (Wolf R, Wolf D, 2004)This study, based on

medical records of people living within 350 meters of a long

established phone mast, showed a fourfold increased

incidence of cancer compared with the general population of

Israel, and a tenfold increase specifically among women,

compared with the surrounding locality further from the

mast.

SPAIN (Oberfeld 2004)This study found significant ill-

health effects among those living in the vicinity of two GSM

mobile phone base stations. The strongest five associations

found were depressive tendency, fatigue, sleeping disorder,

difficulty in concentration and cardiovascular problems. The

scientists reported the following symptoms within 50 to 150

m of the cell phone antenna at an average power density of

0.11 + 0.19 W/cm2. Note that 0.11 W/cm2 is considerably

lower than 1000 W/ cm2 established by the FCC. This

demonstrates that the FCC guideline does not protect the

public from radio frequency radiation exposure.

Communication antennas/towers saturate the environment

with multiple electromagnetic frequencies simultaneously.

The response to this endless cellular jiggling is graphically

described by Amy Worthington in her article on the


radiation poisoning of America. "Human DNA hears this

energetic cacophony loud and clear, reacting like the human

ear would to high volume country music, plus rock and roll

screaming from the same speaker simultaneously. Irradiated

cells struggle to protect themselves against the destructive

dissonance by hardening their membranes. They cease to

receive nourishment, stop releasing toxins, die prematurely

and spill micronuclei fragments into a sort of tumor bank

account."

It has been known for a decade that RF/microwaves from

cell phones and tower transmitters cause damage in human

blood cells which results in nuclei splintering off into

micronuclei fragments. The development of micronuclei

heralds the development of pre-cancerous conditions. Six-

year industry study showed that human blood exposure to

cell phone radiation had a 300 percent increase in genetic

damage in the form of micronuclei, suggesting a health

threat much greater than smoking or asbestos.

Numerous animal studies have demonstrated that mobile

phone radiation quickly causes DNA single and double

strand breaks at levels well below the current federal "safe"

standards.

Well know Reported Cases


(i) Australia The top floors of a Melbourne office building

were closed down and 100 people were evacuated after a

seventh worker in seven years was diagnosed with a brain

tumour. The Australian Health Research Institute indicates

that due to billions of times more in volume electromagnetic

radiation emitted by billions of mobile phones, internet,

intranet and wireless communication data transmission,

almost one-third of world population (about 2 billion) may

suffer from Cell Phone Cancer beside other major body

disorders like heart ailments, impotency, migraine

(ii) India: Builder in Riddhi Park, Thakurlee (West) had

installed mobile tower before the residents had occupied the

building. Within 4 months of occupying the top floor flat,

Mrs. Bhat was diagnosed with brain tumor. She used to

feel fatigued; and also suffered from white rashes on the

body. Her neighbor delivered a baby with cancer of spinal

cord. Another neighbor gave birth to a child having Birth

Defects; and the child died immediately after birth. All the

residents of the building are now demanding the demolition

of the tower. In spite of these demands by residents, builder

has installed another tower. Mrs. Bhat has left her flat now

staying in Goregaon and spent around Rs. 10 lakhs for

treatment on brain tumor. However her health is now

improving.
(iii) TERM wing in Mumbai has been receiving complaints from

citizens about high radiation levels from mobile towers for

some time now. While sifting through these complaints, DoT

officials came across a residential building, Jawan Nagar

Society in Borivali (West), where six individuals from five

different families had been diagnosed with cancer over the

past five to six years. Five out of these six individuals had

died.

(iv) After repeated complaints were made by Jaipur-based Sudhir

Kasliwal, who had two mobile towers close to his residence,

the city municipality sealed both of them. But not before he

lost one brother to glioma, a form of brain cancer. Another

brother is afflicted with the same disease and fighting for his

life. Kasliwal, who runs a jewellery business out of the

capital of Rajasthan, told Firstpost that what was a scary

coincidence was when he and his family members

discovered that their pet dog had also died on account of a

brain tumour. This incident stirred up a controversy in

Jaipur."Radiation levels measured by TERM revealed

maximum radiation on the first floor of the building where I

live," he said."Two siblings, both living on the first floor

barely ten metres away from mobile towers being affected

with cancer is definitely not an usual situation," Kasliwal

said. The method of calculating radiation levels is another

contentious issue. Kasliwal alleges that TERM has no


equipment to measure radiation levels and use machines

provided by cell phone operators.

(v) Case study of Usha Kiran Building, Mumbai news

reported in Midday, Mumbai dated Jan. 3, 2010, which

stated -Mumbai's swanky Usha Kiran building says the four

cancer cases there could be linked to mobile towers installed

on the facing Vijay Apartments. The picture taken from the

Usha Kiran building of the several antennas installed on the

seventh floor of Vijay Apartments is shown in Fig. 2. People

living in the 6th, 7th and 8 floor in the opposite building


th

will get maximum radiation as they are in the main beam

direction. People living on the other floors will receive

lesser radiation as beam maxima is reduced considerably as

can be observed from vertical radiation pattern. In the

horizontal direction again, people living in the front side of

the antenna will receive much higher radiation compared to

people living in the back side of antenna.

(xx) The list is endless and millions of people who have been

diagnosed with cancer and other diseases after coming in

contact with radiation. But the propaganda of denial

continues by TRAI and DoT and Ministers of Telecom, they

continue to deny this only to benefit the telecom industry, no

one cares as to how many people have died or will continue

to die due to radiation. The humble petitioners last hope is

this Honble court, as all court across India have given


varying judgments which are not being implemented, in

view of the fact that this serious problem is pan India, there

is an urgent and immediate need to find a comprehensive

solution, which need to be implemented in true letter and

spirit by the respondent and it is only this Honble court that

is empowered to perform this humongous task in the interest

of millions of people of India.

Recommendation of The inter-ministerial committee

also recommended the following measures on account of

growing public concern of adverse effect of EMF radiation

on health certain measures may have to be initiated for

building confidence of general public as underlined below :

(a) To provide static continuous testing / measuring

centers for online monitoring of radiation level on

24X7 basis at prominent places in metro / cities and

the data sent to the central server for further

processing as is being done by the Ministry of

Environment and Forest through Central pollution

Control Board in case of Pollution level

measurement i.e. noise and air quality to enhance

the confidence of general public.

(b) Apart from self certification for compliance of

radiation norms on EMF exposure by the mobile

service providers they may be asked to measure the


radiation level of certain prominent places and

display it for information of the general public.

(c) The service providers should also have mobile unit

for its measurement wherever necessary.

(d) Creation of national data base with the information

of all the base station, their emission levels and

display on public domain for public information.

(e) The information of the SAR value for mobile phone

should be readily available to consumer at the point

of sale.

(f) The Information should be made available on

Government web site with list of SAR values of

different mobile phones.

(g) Use of low power transmitters inside cities decrease

the amount of radiated power hence use of low

power transmitter with in-building solutions as

provided in western countries may be considered in

place of present trend of using high powered

transmitters over high rise towers.

(h) Public education program needs to be undertaken.

(xxi) Despite the approved recommendations of inter

ministerial committee report the DoT refuses to be persuaded by

it own committee recommendations.

(xxii) The 2013 guide lines continue to provide for self

certification-- by operators certifying that all General Public


areas around the tower will be within safe EMR exposure limit

as per peak traffic measurement.

(xxiii) 2013 guide lines continue with the requirement of TERM

cells to carry out compliance monitoring (only) of ten percent

towers only.

(xxiv) For the first time guidelines provided for states and local

bodies to constitute telecom committees to ensure fast track

single window clearance for tower installations and to grant

electric connection on priority .

(xxv) Provided for constitution of grievance redressal system at

state and district levels through local committees.

(xxvi) Ground Realty :- The Hindu in 2010 reported industry

officials reveal that in Delhi as well as other townships, over 50

per cent towers Operational today are illegal as they have come

up without proper clearances. New Delhi, it was reported by the

MCD that out of 5,459 mobile phone towers installed under

the jurisdiction of MCD, 2717 towers have been set up without

permission. Same is the story with other metro and NCR areas.

GURGAON: Nov 2015- Officials said there are 580 mobile

phone towers in the city, of which only 26 have permission

while 554 are illegal. Authorities claim they have initiated a

legal process to take action against illegal towers, deputy

commissioner TL Satyaprakash has decided to set up a telecom

committee comprising Huda and MCG officials along with


police officers to look into the matter. Gurgaon reported 90%

towers to be without permission.

GHAZIABAD: There are 615 illegal mobile phone towers in

the city, A GDA official told TOI that the figure has been

arrived at following a survey by the Authority across all the

eight zones of the city. "All these mobile phone towers have

been installed without the clearance of the civic agency and in

blatant violation of department of telecommunications (DoT)

norms," the official said, on condition of anonymity

MUMBAI: After months of delay, the Brihanmumbai

Municipal Corporation has uploaded a list of illegal mobile

towers on its website, for the citizens to view. The civic body

has uploaded the list of the illegal towers along with their

addresses. The list put up by the BMC shows that there are a

total 4,776 mobile towers in the city, of which 3,628 are illegal.

xxv. As shown above there is wide spread non compliance of guide

lines cross India and the scenario is much worse in smaller

towns where there is no monitoring at all. The problem of

illegal tower also emanates from fact that the TREM cells

monitoring and compliance has failed and therefore illegal

towers are coming up unchecked. That is because the TERM

cells is not equipped with funds and man power to carry out

their obligation as per the guidelines, further the TERM Cells

centers have been set up only in 34 cities across India.


xxvi. Respondent No 2 TRAI has reported that presently there are

7,36,654 towers across India and teledensity is close to one

billion taking the teledensity ratio to 79.78%, and is expected to

cross 1.3 million within short period of time, requiring

additional one lac towers. The guidelines provide for only 10%

compliance monitoring, which means that out of 7.4 lac towers

that exist only ten percent i.e. 7.4 thousand are mandated to be

checked for compliance and even these ten percent are also not

being monitor.

xxvii. Careful reading of the DoT 2013 guide lines will reveal that

apart from lowering of the power levels from 4.5mhz to 0.45

mhz suggested by Inter-ministerial Committee, DoT has not

incorporated any other recommendation which were suggested

by the Inter-ministerial Committee in the larger public interest.

In fact the guide lines are more in the interest of the telecom-

operators in pursuance of installing more and more towers at the

earliest. The public interest has been largely over looked.

xxviii. That the fact that a high powered committee after examining

large number of studies pointing towards strong possibilities of

harmful effect of radiation adopted precautionary principles in

their recommendations and by not adopting the

recommendations the DoT has miserably failed in its public

duty .

xxix. Looking at the threat to humans, animals and environment from

radiation and considering the strong possibility of serious health


hazards from radiation from towers in the public interest it is

absolutely necessary to mandate 100% monitoring by term cells

or any such independent third party.

xxx. The guide lines providing for self certification is also against

the public policy of India, as the possibility of false certification

cannot be ruled out, more in the fact that at a conservative

estimate 50% towers are illegal and of 50 % that may be legal

25% operators have failed to certify the radiation levels as per

the prescribed norms and have not been proceeded against as

per the mandate of the DoT guidelines. This is leading to very

serious fall out of undetected high levels of radiation beyond

permissible limits.

xxxi. There is an urgent need for the self certification regime to be

replaced with third party certification, may be at the cost of the

operator and be combined with hundred percent compliance

monitoring .

xxxii. That the 2013 guide lines are completely silent on the

permissible areas for location of towers, where as the inter

ministerial committee had given very strong recommendation

with the regard to locations of towers also various courts in

India have issued directions to the effect that the cell towers

should not be located in residential areas, near schools, hospitals

and parks; distance between two towers should not be less than

1 km etc. Total combined radiation levels of multiple and

/shared towers cannot exceed the 2012 permissible limit. None


of these finds any mention in the 2013 guidelines. Currently

installation of towers is haphazard, large numbers of towers are

in very close vicinity of each other, at certain buildings and

locations there are four to six towers together with multiple

antennas violating the permissible limit norm, sharing of towers

is also causing violation of permissible limits, as each operator,

even if follows permissible limit, but combined strength

becomes much higher, saturating certain areas with very high

density of radiation.

xxxiii. It is also suspected that communications carriers exceed

exposure limits. Once equipment is installed and inspections are

completed, it can be cranked up to create wider coverage. But

there is no provision for on-site monitoring of cellular antennas

for compliance with RF radiation standards. This was also

observed by the inter-ministerial committee

xxxiv. The guidelines also mandate state level/district level local

telecom committees, to monitor installation related formalities

and to handle local level grievance redressal. But most

municipalities have not complied with it as these are just

guidelines and not binding on states and local bodies. .It is up to

states/municipalities/panchayats to apply own wisdom and

frame rules, which un-fortunately has not been done till now.

xxxv. As a result installation of towers across India to very large

extent is in violation of the norms /guide lines framed by DoT.

Due to inadequate regulatory infrastructure and which needs


well thought out redressal for the larger benefit of public at

large and petitioners in particular.

xxxvi. In addition to studies conducted by inter-ministerial committee

In September of 2010, the MoEF established a 10-member

committee under Bombay Natural History Society (BNHS) with

director Asad Rahmani to study the impact of cell phone towers

on birds and bees which are conclusive and have bees so all

over the world

Effect on Birds and Bees The group of experts reviewed

919 studies performed in India and abroad regarding

the effects of cellphone towers on birds, insects, animals,

wildlife, and humans. What the group found was quite

startling. Of the 919 studies, a staggering 593 showed the

negative impact of mobile towers on birds, bees, humans,

wildlife and plants.

Studies say EMRs have adverse impact on bees sparking an

unusual phenomenon called colony collapse disorder. The

radiations from mobile phones interfere with bees'

navigation system, preventing them from finding their way

back to their hives. When a cell phone was kept near

a beehive, the worker bees were unable to return, leaving the

hives with only the queens and eggs and resulting in the

collapse of the colony within ten days.

Scientists have found the cause of the worlds sudden

dwindling population of bees. Research conducted


in Lausanne, Switzerland has shown that the signal from cell

phones not only confuses bees, but also may lead to their

death. Over 83 experiments have yielded the same results.

With virtually most of the population of the United States

(and the rest of the world) owning cell phones, the impact

has been greatly noticeable.

Observations also show that number of bats, birds, butterflies

near mobile towers has gone down due to radiation effect,

Ornithologist Maruti Chitampalli's assertion about EMR

affecting birds. Chitampalli, who is one of the first to voice

concern on radiation, said, "We've been saying this for a

long time. Radiations affect all kinds of birds. They affect

sparrows in the cities and obstruct migratory birds in their

flight.

One of the studies carried out by Centre for Environment and

Vocational Studies, Punjab, 50 eggs of house sparrows were

exposed to EMR for 5-10 minutes. It was found that all the

xxxvi. August 2015 standing committee of on telecom tabled its report

in the Parliament. The Committee expressed concern that all the

standards of radiation limit which the government has chosen to

follow are based on the researches conducted in western

countries where conditions are very different from countries

like India. Some of the specific differences between western

countries and India are low population density, cold climatic

conditions, low density of mobile phone towers etc. The


Committee also noted that DoT has acknowledged that some of

the India specific conditions, such as, multi-operator scenario,

mobile phone usage, higher population density etc, have been

conveyed to WHO for their considerations in carrying out with

India specific research. Against this backdrop, the Committee

are not convinced with contention of DoT that none of the

studies done under the aegis of the WHO had proved that the

emissions from the mobile phone towers/networks are causing

harmful effect on human beings as the same are not based on

India specific research. The Committee finds it deplorable that

some of the India specific research carried out by eminent

scientists and other Governmental organizations have not been

taken into consideration by DoT in forming its guidelines. For

instance, a 10 year study conducted by Prof. Gandhi of

Department of Genetics, Guru Nanak Dev University, Amritsar

has found that radiations emitted from the towers are

degenerating DNA and chromosomes. Similarly, a study

conducted by Prof. Jitendra Behari in Jawaharlal Nehru has

found that the exposure to radiation from mobile towers and

mobile phones could have an adverse impact on male fertility

and deplete the defense mechanism of cells. Also the

Environment and Forest Ministry study has blamed

electromagnetic radiation from communication towers for the

declining number of sparrows and bees, etc. The Committee, in

view of the above findings made by the reputed experts and


research institutes, feel that there is no room for complacency

on the issue by selectively relying only on the findings of WHO

whose research reports are mainly based on developed countries

and strongly recommend that the findings of India specific

studies should also be taken into consideration by DoT in

coming out with its policy initiative on mobile towers.

xxxvii. The Committee also noted that the main challenge involved in

conducting studies on radiation hazards from mobile towers and

mobile handsets is the requirement of very long period of

scientific research on targeted population and the lack of

established standard procedures and protocols to study and

monitor the EMF impacts on humans and wildlife. The

Committee are, however, concerned to note that in spite of

exponential growth of mobile telephony in the country over the

last decade, no efforts have been made by the Department to

undertake a continuous or long term research on the issue. It is

rather surprising to note that even though the Department of

Telecommunications is the nodal Department for all

telecommunication related issues, it is only the Department of

Science and Technology which on the direction of Prime

Ministers Office has constituted a Committee under Dr. N.K.

Ganguly, former Director General (ICMR) on 1.10.2012 to

examine the harmful effects from Mobile towers on the

population living in the vicinity and for developing the frame of

reference for calling out Request For Proposals (RFPs) for


scientific assessment of health hazards and adverse impact on

ecology. The Committee feels that DoT should be more

sensitive and proactive in discharging its prime responsibility

on such critical matters. The Committee, therefore, strongly

recommend that the DoT must wholeheartedly associate itself

with such long term research works being carried out within the

country and also make regular budgetary allocation under a

separate budget head of expenditure for research on health

hazards from EMF radiation.

xxxviii. That in addition to the aforementioned an compilation can be

made available to as it the court at the time of arguments, which

presents over whelming evidence supporting the view that

RF/EMR is harmful for the human body and has a very serious

and critical link to cancer causing factors, the studies reveal that

certain people are more susceptible than others, based on their

duration of exposure, individual genetics, age and heath

indexes. Though most studies have concluded that they failed to

establish direct link and that being probably the limitation on

studies conducted so far which lacked the highly developed

scientific methods to establish a conclusive link. But at the same

time these pointed to some possibility of connection which

cannot be ignored and necessitates adoption of precautionary

principles to minimize exposure and creation of a national level

all inclusive mandatory legal procedure which needs to be

implemented in totality.
xxxix. That it is also important to mention here the studies which have

established direct connection to severe depletion in numbers of

birds and bees due to effect of RF/EMR on birds, bees,

butterflies, rats and other such animal and plants and cannot be

ignored because human dependency on plants and animal is

well established, even International Union for the Conservation

of Nature (IUCN) says that it is not only interdependency but

total dependency.

xl. That in this context, it is important to mention that India is a

signatory to the international convention to protect plants and

animals. It will also not be out place to mention here that birds

and bees form an integral link in the environment and food

chain/ life cycle. It is a well known fact that 80% of pollination

is caused by bees and birds their extinction is bound to affect

human life loss of food production, the apple farmers in the hill

have now resorted to importing bees to felicitate natural

pollination as bees have disappeared from these area.

xli. That since the beginning of the wireless revolution, there has

been no state funded studies to determine the impact of

constantly escalating levels of radiation on public health. Most

people remain blissfully unaware of their proximity to towers

and transmitters. They are also unaware of their levels of

exposure in their workplaces where wireless transmitters may

be located just a few feet away from them.


xlii. That the Petitioner further submits that under Art 21 of the

Constitution of India every citizen of India is entitled to full and

complete information of every aspect with regard to the

radiation levels in the environment that they live in, in order

make informed choices. It has been stated here in above that the

current monitoring and information systems are grossly

inadequate and therefore counterproductive. Currently no

information is available in public domain for public

consumption though all this information is available with

service providers and they have a bounden duty to share it with

public at large. Hence certain new regulations pertaining to

public information system, also recommended by the inter-

ministerial committee, at the city level with regard to location of

each mobile tower, their radiation levels and other information

necessary to determine the full compliance of all the existing

norms, including third party certification instead of self

certification is a must and is a valuable right of every individual

under Article 21and prays for Creation of national data base

with the information of all the base station, their emission levels

and display on public domain for public information.

xliii. That the inter-ministerial committee has also recommended that

there is a need to evolve the alternative means to deploy mobile

telecom network based on best International practices. Low

power cellular base station would require much smaller


exclusion zone than existing cells and Use of such transmitters

inside cities will decrease the amount of radiated power.

xliv. That the Respondents failed to enact adequate and proper guide

lines, even though they were recommended by the inter-

ministerial committee and have deliberately ignored the

evidence available connecting the serious health hazards to

radiation from mobile and mobile towers. Preferred to frame

guide lines in support of telecom operators rather than keeping a

balance, to derive unjust profit at the expense of life and health

of innocent citizens, turned a blind eye to harmful/non-thermal

effects of electromagnetic radiation/ radio frequency radiation

on human health and have consciously and illegally deprived

the petitioner of his right to life as guaranteed under Article 21

of the Constitution, thus, amenable to directions of the Honble

Court. Hence, the present petition.

xlv. That the petitioner has not filed any other writ petition under

Article 32 of the Constitution of India before this Honble Court

or any other court for similar relief sought in the present Writ

Petition.

xlvi. That this Honble Court has the jurisdiction to entertain, try and

dispose of the present Writ Petition.

xlvii. That the petitioner is having no other alternative and effective

means but to approach this Hon'ble Court by way of filing the

instant Writ Petition before this Hon'ble Court, inter alia, on

the following grounds:


GROUNDS

A. Because the respondents have collectively infringed valuable

rights of the petitioner by installing illegal multiple antenna BTS in

the adjoining house and not removing the same despite repeated

complaints.

B. Because the 1 Respondent, the 2 Respondent and the 3


st nd rd

Respondent failed to seal the tower in question despite the

complaint/legal notice dated 27-11-2013 and 28 -01- 2014 by of the

petitioners employers stating that the tower violates distance and

radiation parameters.

C. Because the Respondent No. 1 even after inspection failed to

provide exact configuration of the tower to satisfy the concerns of the

petitioner.

D. Because the principle of restitution shall be available to the

petitioner.

E. Because the Respondent No. 1 has miserably failed to fully

enforce its own guide lines of 2013 in relation to mobile towers.

Resulting in large no of illegal towers, violating the norms prescribed

in this behalf.

F. Because the illegal towers are grave threat to public at large due

to higher than prescribed radiation.

G. Because the Respondents have failed to fulfill their

Constitutional obligation/public duty of curbing illegal tower due lack


of proper monitoring mechanism as also noted by the parliamentary

committee.

H. Because the current guidelines of the Respondent No. 1 are

inadequate to protect public at large from the EMR radiation the to

frame proper and sufficient legal frame work to protect citizens of

India from harmful effect of RF/EMR in wake of strong possibility of

radiation being harm full..

I. Because the guidelines being in the nature of guide lines are not

amenable to statutory enforcement.

J. Because these guidelines are still not adopted / followed by the

different states and local authorities and continue have endanger

environment, human and animal health.

K. Because the data shows that 50 to 90 % towers are illegal and

without any valid permissions due to the failure of respondent to

frame well thought out and proper legal and regulatory mechanism.

L. Because the frame works is grossly inadequate to deal with

large no towers, there are existing 7 lacs plus towers and close to 1

billion mobile users spread across length and breadth of India and

needs corresponding large infrastructure to monitor it.

M. Because DoT has deliberately failed to grant sufficient funds

and infrastructure for proper compliance monitoring of towers by

TERM cells resulting completely failure of compliance monitoring

mechanism.

N. Because the compliance monitoring of 10% towers in wake of

serious possibility of adverse health impact, is grossly in adequate.


O. Because the regulation providing for self certification of

radiation levels by service provider is against the public policy of

India.

P. Because the provision of self certification can be misused by the

service provider to the detriment of the petitioner and public at large.

Q. Because third party certification is of utmost importance to

ensure proper compliance of norms.

R. Because the respondent has committed grave disservice by not

adopting /incorporating the recommendations of its own ineter-

ministerial committee and casts very serious aspersion on their bona

fide and intention .

S. Because despite clear cut recommendation by the inter-

ministerial committee for installing towers away from residential

areas, schools and hospitals the Dot continues to not to enact guide

lines in support of the said recommendation.

T. Because the citizens of India have constitutional right under

Article 21 to have full and complete information in public domain on

mobile towers around them.

U. Because in the wake of strong possibility of EMR radiation

even at reduced levels causing serious disease like cancer

precautionary principles need to be invoked by this Honble court, in

the interest of public at large and the petitioner.

PRAYER
For the facts and circumstances as aforestated, the Petitioner herein

most respectfully submits that this Honble Court may graciously be

pleased to:

a. Issue a writ, order or direction in the nature of mandamus

thereby directing the Respondent No. 5 to immediately remove its

tower from the locality where the petitioner is residing.

b. Issue a writ, order or direction in the nature of mandamus

thereby directing all the Respondents to make reparation upon the

principle of restitution and pay compensation in terms of money and

life time treatment to the petitioner.

c. Direct the Respondent to follow the recommendations issued by

the Inter-ministerial Committee approved by the Govt. of India.

d. Direct Respondents on precautionary principle that towers

operating for long periods of time should not be made to operate in

one area for more than a year;

e. Direct the Respondent that self certification by operators as a

means of enforcement should be amended to certification by

independent agency, for better implementation of norms;

f. Pass an order for enforcing of uniform guidelines having

statutory force across India.

AND/ OR

g. Pass such other order (s)/direction (s), as may be

necessary to protect the rights of the Petitioner and further the

cause being espoused by the Petitioner may be passed. New

Delhi
AND FOR THIS ACT OF KINDNESS PETITIONERS AS IN DUTY
BOUND SHALL EVER PRAY.

DRAWN & FILED BY:


DRAWN ON: .05.2016
FILED ON: .05.2016
[ ]
ADVOCATE FOR THE PETITIONER
IN THE SUPREME COURT OF INDIA
(CIVIL ORIGINAL JURISDICTION)

I.A NO. OF 2016


IN
WRIT PETITION (C) NO.___________OF 2016

IN THE MATTER OF:

Harish Chand Tiwari & Anr. Petitioners

Versus

Union of India & 3 Ors. . Respondents

APPLICATION FOR STAY/DIRECTIONS

TO
THE HONBLE THE CHIEF JUSTICE OF INIDA AND HIS
COMPANION JUDGES OF THE SUPREME COURT OF
INDIA

THE HUMBLE PETITION OF THE


PETITIONERS ABOVENAMED

MOST RESPECTFULLY SHOWETH

1. The petitioner had filed the above Writ Petition under Article 32

of the Constitution of India, seeking as being in violation

of the fundamental rights of the Petitioner under Articles 21 of

the Constitution of India.

2. In this context, it is submitted that the 1 Respondent has failed


st

to fulfill in their Constitutional obligation/public duty to frame

proper and sufficient legal frame work to protect citizens of

India from harmful effect of RF/EMR despite over whelming

scientific evidence connecting EMR from mobile towers to

serious health hazards. Considering the strong possibility of

EMR radiation causing serious disease like cancer,


precautionary principles need to be invoked by this Honble

court in totality in the interest of public at large and the

Petitioner.

3. That the Petitioner further submits that under Art 21 of the

Constitution of India every citizen of India is entitled to full and

complete information of every aspect with regard to the

radiation levels in the environment that they live in, in order

make informed choices. The current monitoring and

information systems are grossly inadequate and therefore

counterproductive. Currently no information is available in

public domain for public consumption though all this

information is available with service providers and they have a

bounden duty to share it with public at large. Hence certain new

regulations pertaining to public information system at the city

level with regard to location of each mobile tower, their

radiation levels and other information necessary to determine

the full compliance of all the existing norms, including third

party certification instead of self certification is a must and is a

valuable right of every individual under Article 21.

4. That the Petitioner is 42 years of age, having two small school

going children, wife and dependent parents. He could not even

afford huge treatment cost and the same was borne by his

employers. Petitioners illness and treatment has left him weak

and lacking in strength and much reduced working ability.


Today along with him, his whole family is also at risk of the

disease and the Petitioner has no other option but to approach

this Honble Court for its kind indulgence to save and rescue

him.

5. That the Petitioner further submits that it is in the interest of

justice, equity and good conscience that pending the hearing

and final disposal of the Writ Petition, the Respondents by

themselves, their servants and agents be directed to pay

compensation in terms of money and life time treatment to the

Petitioner.

6. This Honble Court has jurisdiction to entertain, try and dispose

of the present Writ Petition.

PRAYER
In the circumstances, it is most humbly prayed that this Honble Court

may be pleased to;

i. Pass orders to remove the mobile tower which is within 50

meters of petitioners residence, pending the hearing and final

disposal of the Writ Petition; AND

ii. Pass such other Orders as may be deemed fit in the facts and

circumstances of the case.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL AS


IN DUTY BOUNDE EVER PRAY.

DRAWN & FILED BY:


DRAWN ON: .05.2016
FILED ON: .05.2016 [ ]
ADVOCATE FOR THE PETITIONER
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL WRIT JURISDICTION
WRIT PETITION (CIVIL) NO_________OF 2016

IN THE MATTER OF:

Harish Chand Tiwari Petitioner


Versus

Union of India & Ors. Respondents

INDEX
S. NO. PARTICULARS PAGE NO.

1. Office report on limitation


2. Listing Proforma
3. Synopsis and List of Dates
4. Writ Petition with affidavit
5. ANNEXURE P /1 :
The Color photographs of the Mobile Tower
installed by the BSNL Company.
6. ANNEXURE P /2 :
True copy of the medical reports dated
25.10.13
7. ANNEXURE P /3:
True copy of the medical reports dated 13-11-
2013
8. ANNEXURE P/ 4 :
Copy of Lab Test Report of Rajive Gandhi
research institute.
9. ANNEXURE P /5 :
Copy of chemo therapy prescription dated
05.03.15 of Cancer Hospital and Research
institute.
10. ANNEXURE P/ 6 :
Copy of Nuclear health care LTD date
15.12.2015
11. ANNEXURE P /7 :
The true copy of letter dated 07.10.2013 by
Sh. Anil Sharma
12. ANNEXURE P /8 :
True copy of the legal notice dated --- issued
to the Respondent Authorities
13. ANNEXURE P/9 :
True copy of the reply notice dated
21.01.2014 of the Respondent no. 2.
14. ANNEXURE P/10 :
True copy of the reply notice dated
08.02.2014 of the Respondent no. 4.
15. ANNEXURE P/11 :
Copy of report of the Inter Ministerial
Committee on EMF Radiation.

16. ANNEXURE P/12 :


The true typed copy of guidelines dated
30.08.2010 issued by the Govt. of India.
17. ANNEXURE P/13 :
The true typed copy of Guidelines dated
23.08.2012 issued by the Govt. of India.
20. ANNEXURE P/ 14:
The true typed copy of modified guidelines
issued by the Govt. of India dated 01.08.2013
21. I.A No. of 2016

22. Vakalatnama