HIGH COURT OF JAMMU &KASHMIR AND LADAKH AT JAMMU Reserved on : 28.05.2025 Pronounced on: 04.07.2025 PIL No. 15/2017, IA No. 1/2017 CM No.391/2020 CM No. 6203/2020, CM No. 1869/2021 IA No. 3/2017, IA No. 1/2018 IA No. 3/2018, IA No. 4/2018 CM No. 6243/2022 Navyug Sethi …Petitioner(s)/Appellant(s).. Through:-Mr. Sunil Sethi, Senior Advocate with Mr. Vishal Mahajan, Advocate V/s State of J&K and others. Through:- Mr. S.S.Nanda, Sr. AAG Mr. Pranav Kohli, Sr. Advocate with Ms. Avantika Sharma, Advocate, Mr. PS Chandel, Advocate Mr. Harshwardhan Gupta, Advocate Mr. Dheeraj Nanda, Advocate CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE JUDGMENT PER OSWAL-J: 1. The petitioner, a student of LL.B at the time of filing of this petition in public interest, and now a distinguished member of BAR, has raised the issue of harmful effects due to the installation of mobile 2 PIL No. 15/2017 towers by the Telecom Operators on the residential and other buildings. The petitioner has stated that the installation of mobile towers is harmful due to electromagnetic radiation and 45% of all the mobile towers in the metropolitan cities are illegal, as have been erected unauthorizedly and further that these mobile towers emit microwaves causing damage to the birds’ eggs and embryos and also to the unborn children. By placing these facts before this Court, the petitioner is seeking issuance of the following directions: - (a) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondents to issue appropriate directions to all those Telecom companies to shift/re-locate their Mobile Transmitting Towers from the residential areas to such places/areas which have been specifically earmarked and specified for installation of mobile transmitting towers as per the guidelines as on 10.04.2016 issued by the Jammu Municipal Corporation, within such time as may be determined by this Hon’ble Court so that the residents having their residential houses/establishments are saved from suffering serious diseases like cancer, sleep disorders, fatigue, headache, memory loss depression, hearing problems, joint pains, skin disease and even cardiovascular problems which are inevitable because of radiation emitted by these towers. (b) An appropriate writ, order or direction in the nature of writ of mandamus directing constitution of a highly level team consisting of senior bureaucrats, members of Bar Association, Doctors, prominent and eminent citizens, officers of Municipal Corporation/Committee to carry out extensive surveys and inspections of the areas where the Mobile Transmitting Towers are installed in residential areas and submit their report to this Hon’ble Court so that 3 PIL No. 15/2017 appropriate directions are issued for shifting/re-location of these towers as per the guidelines governing the field. 2. Objections/Status reports came to be filed from time to time, however during the pendency of this petition,The UT of Jammu & Kashmir has come up with a policy termed as J&K Communication and Connectivity Infrastructure Policy (JKCCIP) approved vide Govt. Order No.48-JK(ITD) of 2020 dated 01.12.2020 (hereinafter referred to as “the Policy”). This policy deals with underground and over-ground Telegraph Infrastructure. 3. The grievance raised by the petitioner in this petition is in respect of over ground telegraph infrastructure only. Rule 12 of Chapter-III of the policy deals with terms and conditions for granting permission to establish over-ground telegraph infrastructure and sub-rule (i) of Rule 12 of the Policy provides that radiation norms fixed by the DoT have to be strictly followed by the Licensee/Infrastructure Provider, and any citizen can approach the Licensed Service Area (LSA) J&K, DoT with regard to the grievance on any issue relating to radiation. Sub-rule (iii) of Rule 12 of the Policy, provides that the applicant shall be permitted to erect/install telegraph infrastructure on the open land including private lands and buildings of Government or Government owned/controlled statutory or non- statutory institutions/bodies or at other public/private locations including roads, parks, playground, land earmarked for public utilities. Further, the structural stability of the towers/posts and building in which the infrastructure is to be erected, shall be 4 PIL No. 15/2017 ensured by the Licensee/Infrastructure Provider. Rule 13 of the Policy deals with the application to be submitted by the Licensee/Infrastructure Provider before the appropriate authority as defined under the rules and provides that the information along with supporting documents to be provided by the Licensee/Infrastructure Provider in the application made under Rule 13(i) of the Policy shall include besides others, the inconvenience that is likely to be caused to the public and the specific measure proposed to be taken to mitigate such inconvenience,the acknowledgement receipt issued by the Licensed Service Area (LSA), J&K DoT of the self- certificate submitted by the Licensee in respect of mobile tower/Base Transceiver Station (BTS) establishing/certifying that all general public areas around the tower will be within safe Electro Magnetic Radiation (EMR) exposure limit as per peak traffic measurement after the antennas start radiating. These rules also prescribe the procedure to be followed by the appropriate authority for granting approval. In terms of Rule 17 of Chapter-IV of the Policy, the appropriate authority has been vested with the authority to seek removal of underground or over-ground telegraph infrastructure upon any immovable property wherever the appropriate authority considers that it is necessary and is expedient to remove or alter such telegraph infrastructure. This can obviously be done after affording due opportunity of hearing to the licensee/infrastructure provider. This policy also deals with regularization of the existing mobile towers. 5 PIL No. 15/2017 4. It may be noted that this policy was amended vide Govt. Order No.28-JK (ITD) of 2023 dated 25.03.2023 to bring the original policy in line with the Telegraph Right of Way (Amendment)Rules 2022. 5. The issue of hazardous effect of electromagnetic radiation emanating from mobile towers has been taken care of by the Policy, as Rule 12 of the policy provides that any citizen has a right to approach the Licensed Service Area (LSA) in Telegraph Department in respect of his grievance or issue relating to radiation. The LSA is a Unit of department of Telecommunication, Govt. of India, which is competent agency to render advice with respect to EMR radiation related matters of mobile towers. Not only this, in terms of Rule 13 of the Policy, Licensee/Infrastructure provider has to submit an acknowledgement receipt issued by the Licensed Service Area (LSA), J&K, DoT in respect of safe Electro Magnetic Radiation (EMR) exposure limit as per peak traffic measurement within 90 days after radiating the tower. 6. Mr. Sunil Sethi, learned Senior counsel appearing on behalf of the petitioner has submitted that the said policy is illegal and does not take note of the health hazards as raised by the petitioner in the present petition. 7. Mr. Pranav Kohli, leaned Senior Counsel for some of the respondents has submitted that with the issuance of the Policy by the UT of Jammu and Kashmir, this petition has been rendered infructuous. 6 PIL No. 15/2017 8. As already observed, the above mentioned policy has been issued by the UT of Jammu & Kashmir during the pendency of this petition and if the petitioner finds that the said policy is illegal, he can avail the appropriate remedy as available under law. Also, if anyone is aggrieved of excess EMR beyond the exposure limit prescribed by DoT, he/she can approach the LSA for redressal of his/her grievance under the policy. Even an individual having specific and individual objection/grievance in respect of raising of tower(s), can avail the appropriate remedy as available under law. 9. Accordingly, the proceedings in this PIL are closed with liberty to the petitioner to assail the policy termed as J&K Communication and Connectivity Infrastructure Policy (JKCCIP) which was approved vide Govt. Order No.48-ITD(JK) of 2020 dated 01.12.2020 and as amended vide Govt. Order No. 28-JK (ITD) of 2023 dated 25.03.2023, in accordance with law, if so advised. 10. Registry is directed to segregate the writ petition bearing OWP No. 701/2019 and list the same before the learned Single Judge on 14.07.2025. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Jammu : 04.07.2025 ‘Madan Verma-Secy” Whether the order is speaking :Yes/No Whether the order is reportable :Yes/No MADAN LAL VERMA 2025.07.11 19:18 I attest to the accuracy and integrity of this document