Gujarat high court on Friday directed the state government and the Centre to create public awareness that they have no reason to fear the emission of radio active waves from mobile tower. The HC ordered so with observation that the use of the mobile phone, AM Radio, FM Radio etc. is more harmful to the human beings compared to the power emission from the Base Transceiver Stations and that of mobile towers...
How to become Govt Approved Insurance Surveyor & Loss AssessorSANDEEPCHANDEL14
I Lucrative Self Employment opportunity for Engineers/Diploma engineers/AMIE I
This ebook will help you in choosing a unique & offbeat profession in the Recession free industry and make an unconventional career path for you. It's a complete road map to becoming an independent Surveyor & Loss Assessor in the General Insurance sector. This book is meant to boost the self-employment journey for those who are struggling to find a good job or sustain themselves with current job challenges. Most people do not know about this lucrative career option and due to lack of information or unstructured information they are not able to follow this career path.
The covid-19 situation is becoming a nightmare for most of the fresh college pass outs and working professionals in terms of sustaining a good job and earn a regular income. This course can also help those who don't want to follow the rat race, or they want to become self-reliant to achieve Freedom in Life, good earnings, and a perfect work-life balance. I have been practicing as Independent Licensed Surveyor & Loss Assessor in General Insurance Sector and currently rendering my services to more than 21 General Insurance Companies, I have put my experiential learning and knowledge in the online course to provide structured and streamline information for all the aspirants.
No SunFilms on Cars in India - Judgement by Supreme Court of IndiaHewlett-Packard
The original copy of the judgement passed by bench of 3 judges on 27th April 2012 in supreme court of India, regarding "no sun-films" on cars from 4th May 2012
This document is prepared on the basis of Judgments delivered by the Supreme court of India and High Courts. Almost all the points concerning MACPs have been covered. Pointwise judgments have been posted which would be helpful for finding out judgments on the particular point/issue.
How to become Govt Approved Insurance Surveyor & Loss AssessorSANDEEPCHANDEL14
I Lucrative Self Employment opportunity for Engineers/Diploma engineers/AMIE I
This ebook will help you in choosing a unique & offbeat profession in the Recession free industry and make an unconventional career path for you. It's a complete road map to becoming an independent Surveyor & Loss Assessor in the General Insurance sector. This book is meant to boost the self-employment journey for those who are struggling to find a good job or sustain themselves with current job challenges. Most people do not know about this lucrative career option and due to lack of information or unstructured information they are not able to follow this career path.
The covid-19 situation is becoming a nightmare for most of the fresh college pass outs and working professionals in terms of sustaining a good job and earn a regular income. This course can also help those who don't want to follow the rat race, or they want to become self-reliant to achieve Freedom in Life, good earnings, and a perfect work-life balance. I have been practicing as Independent Licensed Surveyor & Loss Assessor in General Insurance Sector and currently rendering my services to more than 21 General Insurance Companies, I have put my experiential learning and knowledge in the online course to provide structured and streamline information for all the aspirants.
No SunFilms on Cars in India - Judgement by Supreme Court of IndiaHewlett-Packard
The original copy of the judgement passed by bench of 3 judges on 27th April 2012 in supreme court of India, regarding "no sun-films" on cars from 4th May 2012
This document is prepared on the basis of Judgments delivered by the Supreme court of India and High Courts. Almost all the points concerning MACPs have been covered. Pointwise judgments have been posted which would be helpful for finding out judgments on the particular point/issue.
Better Radiation Norms for Cell Phones/Cell Towers - Prof. Girish Kumar , IIT Bombay
Presentation at Bombay Telephone User’s Association ( BTUA ), Mumbai on Jan 2010 - Consumer Awareness and Radiation Health Hazards from cell phones and mobile towers - Myth or Reality
The Indian government has adopted the ICNIRP guidlenes for cell tower radiation exposure which are the worst in the world. Several health effects have been reported much below these ICNIRP guidelines.
The ICNIRP state that these guidelines are only for short term exposure and considers only thermal effects and does not take account non thermal effects which are more harmful and occurs much below thermal effects. According to our calculations the ICNIRP guidleines implies that a human body can be safely kept in a microwave oven for 1166 secs = 19 minutes per day!! (see presentation for calculations)
In USA, max. SAR limit for cell phones is 1.6W/Kg which is for 6 minutes. It has a safety margin of 3 to 4, so a person should not use cell phone for more than 18 to 24 minutes per day. This information is not commonly given to users.
In Usha Kiran Building, Worli four cancer cases were reported until now from cell phone towers on the opposite building at about 50 meter. However, in the event one of the residents mentioned that the number of cancer cases had risen to six now and these cases were reported on the 5th, 6th (2 cases), 7th, 8th and 10th floor, all these houses are in direct line of sight from the tower installed on the opposite building on the 7th Floor.
Besides human health, electromagnetic radiation has also effected the environment, birds, animals, plants and fruit production.
Other countries based on the cases reported and their studies have adopted much lower radiation norms to protect their citizens.
All this calls for immediate need to adopt strict and lower radiation norms.
In the end, some suggestions have been given which can be adopted as possible solutions to minimize the risk of EMF radiation from cell towers.
Biological Effects Of Cell Tower Radiation On Human BodyNeha Kumar
Conference Paper Presentation- 'Biological effects of Cell Tower Radiation' - presented by me and Prof Girish Kumar at International Symposium on Microwave and Optical Technology (ISMOT 2009).
Cell Tower radiation has become of extreme concern as we are exposed to them 24x7 and one cannot do much if the tower antenna is mounted right on top of your home/school/office building etc. In India, currently (2009) there are about 3.75 lakh cell towers installed and the numbers are expected to rise to 4.25 lakh towers by 2010. Radiation level measurements were carried out at various locations and the levels were found to be far above the recommended values. Common complains like Sleep disruption, Headache, Depression, Concentration, Memory loss, behavior, discomfort, irritability, nausea, dizziness, appetite loss, muscle spasms, numbness, tingling, altered reflexes,seizures, paralysis, psychosis, stroke- all related to changes in the electrical activity of the brain have been on a rise. Similarly increased cases of Alzheimer’s , Parkinson's disease,infertility, child leukemia, brain tumor cases have been associated with the continuously emitting cell tower radiation. On reviewing several epidemiological and experimental studies on harmful effects of Cell Tower Radiation on health of human and animals, we recommend safe radiation levels up to 50 μW/m2 , with a upper limit as 100 μW/m2. Towards the end, details of "Radiation Shield" -instrument designed to absorb radiation between frequency 800 to 4000 MHz have been given.
MOBILE PHONE & MOBILE TOWER RADIATION HAZARDS Neha Kumar
Presentation by Prof. Girish Kumar -
Council for Fair Business Practices (CFBP) organized a talk on "MOBILE PHONE & TOWER RADIATION" on Friday 24th June, 2011 at 06.00 p.m at the Hall of Indian Merchants Chamber, Churchgate, Mumbai 400 020.
Good developments seem to be taking place post WHO excepts health problems. First time a person from the industry (Former Regional Director, West and South Operations, Indus Towers Ltd.) excepted that radiation from mobile towers lead to health problems at the event.
People were keen to look for solutions for the problem.
Supreme Court Judgment on PIL challenging Constitutional validity of RPA Sect...Sadanand Patwardhan
Supreme Court Judgment on PIL challenging Constitutional validity of RPA Section (8) Sub-section (4). Two independent civil petitions, namely *WRIT PETITION (CIVIL) NO. 490 OF 2005* and *WRIT PETITION (CIVIL) NO. 231 OF 2005*, had challenged the Constitutional validity of subsection (4) section (8) of Representation of the People Act, 1951. A Supreme Court two judge bench on 10th of July 2013 delivered a verdict that held the subsection (4) in question ultra vires of the relevant Constitutional provisions. The challenged subsection was in contravention of, SC held, Articles 102(1)(e) and 191(1)(e), and Article 101(3)(a) and 190(3)(a) of the Constitution of India
Aided by #RelianceFoundation villagers of a remote village in Balangir district of Odisha construct a bridge across the river Banjhinala by themselves. A total of 12 villages that used to get cut off from the mainstream during rainy season will benefit from this wooden bridge. The villages call it the 'Bridge to Prosperity'
According to Goldman Sachs report, According to our
projections, Indian annual energy imports could rise to US$230 billion by FY23
from US$120 billion currently, driven by economic growth, greater
industrialization and urbanization...
Can a Chief Minister hold Prime Minister to ransom? Part 1Flame Of Truth
Govt of India has approached Delhi High Court against former Delhi Chief Minister Arvind Kejriwal's order to the Anti Corruption Branch to register FIR against two ministers of central government, a former civil servant and a private individual on the matter of gas pricing...
RIL achieved a turnover of Rs 96,330 crore ($ 15.3 billion) for the quarter ended 31st December 2014, a decrease of 20.4%, as compared to Rs 121,077 crore in the corresponding period of the previous year. Sharp Y-o-Y fall in benchmark oil price of 30% was the key factor for the decline in revenue. Exports from India were lower by 21.5% at Rs 58,507 crore ($ 9.3 billion) as against Rs 74,495 crore in the corresponding period of the previous year...
Reliance Foundation Information Services - Dissemination ModesFlame Of Truth
Reliance Foundation uses multiple information dissemination modes such as text sms, voice sms, helpline numbers, whatsapp, audio conferences, phone-in programmes on local cable TV channels, TV scroll / ticker / flash, mobile units, video modules to Farmers, Fisher Folk, Livestock owners, Micro-enterprenuers, Rural Youth, Students, Extension Officials, Patients, etc
Today was the most special day ever. Sachin had got full marks in his maths exam, his teacher had nominated him for class monitor, and best of all, his school was going to send his entire class to an IPL match at Wankhede Stadium courtesy R e l i a n c e F o u n d a t i o n ' s Education for All initiative. Sachin was sure the grin would stay on his face for the rest of his life. School was such fun!
'...the concerned authorities should...bring it to the notice of the people at large that there is no reason for them to fear [Wi-Fi mobile towers]...'
Can a Chief Minister hold Prime Minister to ransom? Part 2Flame Of Truth
The Govt of India has approached Delhi High Court against former Delhi Chief Minister Arvind Kejriwal's order to the Anti Corruption Branch to register FIR against two ministers of central government, a former civil servant and a private individual on the matter of gas pricing...
NVIDIA has countersued Samsung in the U.S. District Court in Virginia, citing four graphics patents beyond the seven cited in previous ITC and Delaware cases. The four patents are described in this latest filing.
Better Radiation Norms for Cell Phones/Cell Towers - Prof. Girish Kumar , IIT Bombay
Presentation at Bombay Telephone User’s Association ( BTUA ), Mumbai on Jan 2010 - Consumer Awareness and Radiation Health Hazards from cell phones and mobile towers - Myth or Reality
The Indian government has adopted the ICNIRP guidlenes for cell tower radiation exposure which are the worst in the world. Several health effects have been reported much below these ICNIRP guidelines.
The ICNIRP state that these guidelines are only for short term exposure and considers only thermal effects and does not take account non thermal effects which are more harmful and occurs much below thermal effects. According to our calculations the ICNIRP guidleines implies that a human body can be safely kept in a microwave oven for 1166 secs = 19 minutes per day!! (see presentation for calculations)
In USA, max. SAR limit for cell phones is 1.6W/Kg which is for 6 minutes. It has a safety margin of 3 to 4, so a person should not use cell phone for more than 18 to 24 minutes per day. This information is not commonly given to users.
In Usha Kiran Building, Worli four cancer cases were reported until now from cell phone towers on the opposite building at about 50 meter. However, in the event one of the residents mentioned that the number of cancer cases had risen to six now and these cases were reported on the 5th, 6th (2 cases), 7th, 8th and 10th floor, all these houses are in direct line of sight from the tower installed on the opposite building on the 7th Floor.
Besides human health, electromagnetic radiation has also effected the environment, birds, animals, plants and fruit production.
Other countries based on the cases reported and their studies have adopted much lower radiation norms to protect their citizens.
All this calls for immediate need to adopt strict and lower radiation norms.
In the end, some suggestions have been given which can be adopted as possible solutions to minimize the risk of EMF radiation from cell towers.
Biological Effects Of Cell Tower Radiation On Human BodyNeha Kumar
Conference Paper Presentation- 'Biological effects of Cell Tower Radiation' - presented by me and Prof Girish Kumar at International Symposium on Microwave and Optical Technology (ISMOT 2009).
Cell Tower radiation has become of extreme concern as we are exposed to them 24x7 and one cannot do much if the tower antenna is mounted right on top of your home/school/office building etc. In India, currently (2009) there are about 3.75 lakh cell towers installed and the numbers are expected to rise to 4.25 lakh towers by 2010. Radiation level measurements were carried out at various locations and the levels were found to be far above the recommended values. Common complains like Sleep disruption, Headache, Depression, Concentration, Memory loss, behavior, discomfort, irritability, nausea, dizziness, appetite loss, muscle spasms, numbness, tingling, altered reflexes,seizures, paralysis, psychosis, stroke- all related to changes in the electrical activity of the brain have been on a rise. Similarly increased cases of Alzheimer’s , Parkinson's disease,infertility, child leukemia, brain tumor cases have been associated with the continuously emitting cell tower radiation. On reviewing several epidemiological and experimental studies on harmful effects of Cell Tower Radiation on health of human and animals, we recommend safe radiation levels up to 50 μW/m2 , with a upper limit as 100 μW/m2. Towards the end, details of "Radiation Shield" -instrument designed to absorb radiation between frequency 800 to 4000 MHz have been given.
MOBILE PHONE & MOBILE TOWER RADIATION HAZARDS Neha Kumar
Presentation by Prof. Girish Kumar -
Council for Fair Business Practices (CFBP) organized a talk on "MOBILE PHONE & TOWER RADIATION" on Friday 24th June, 2011 at 06.00 p.m at the Hall of Indian Merchants Chamber, Churchgate, Mumbai 400 020.
Good developments seem to be taking place post WHO excepts health problems. First time a person from the industry (Former Regional Director, West and South Operations, Indus Towers Ltd.) excepted that radiation from mobile towers lead to health problems at the event.
People were keen to look for solutions for the problem.
Supreme Court Judgment on PIL challenging Constitutional validity of RPA Sect...Sadanand Patwardhan
Supreme Court Judgment on PIL challenging Constitutional validity of RPA Section (8) Sub-section (4). Two independent civil petitions, namely *WRIT PETITION (CIVIL) NO. 490 OF 2005* and *WRIT PETITION (CIVIL) NO. 231 OF 2005*, had challenged the Constitutional validity of subsection (4) section (8) of Representation of the People Act, 1951. A Supreme Court two judge bench on 10th of July 2013 delivered a verdict that held the subsection (4) in question ultra vires of the relevant Constitutional provisions. The challenged subsection was in contravention of, SC held, Articles 102(1)(e) and 191(1)(e), and Article 101(3)(a) and 190(3)(a) of the Constitution of India
Aided by #RelianceFoundation villagers of a remote village in Balangir district of Odisha construct a bridge across the river Banjhinala by themselves. A total of 12 villages that used to get cut off from the mainstream during rainy season will benefit from this wooden bridge. The villages call it the 'Bridge to Prosperity'
According to Goldman Sachs report, According to our
projections, Indian annual energy imports could rise to US$230 billion by FY23
from US$120 billion currently, driven by economic growth, greater
industrialization and urbanization...
Can a Chief Minister hold Prime Minister to ransom? Part 1Flame Of Truth
Govt of India has approached Delhi High Court against former Delhi Chief Minister Arvind Kejriwal's order to the Anti Corruption Branch to register FIR against two ministers of central government, a former civil servant and a private individual on the matter of gas pricing...
RIL achieved a turnover of Rs 96,330 crore ($ 15.3 billion) for the quarter ended 31st December 2014, a decrease of 20.4%, as compared to Rs 121,077 crore in the corresponding period of the previous year. Sharp Y-o-Y fall in benchmark oil price of 30% was the key factor for the decline in revenue. Exports from India were lower by 21.5% at Rs 58,507 crore ($ 9.3 billion) as against Rs 74,495 crore in the corresponding period of the previous year...
Reliance Foundation Information Services - Dissemination ModesFlame Of Truth
Reliance Foundation uses multiple information dissemination modes such as text sms, voice sms, helpline numbers, whatsapp, audio conferences, phone-in programmes on local cable TV channels, TV scroll / ticker / flash, mobile units, video modules to Farmers, Fisher Folk, Livestock owners, Micro-enterprenuers, Rural Youth, Students, Extension Officials, Patients, etc
Today was the most special day ever. Sachin had got full marks in his maths exam, his teacher had nominated him for class monitor, and best of all, his school was going to send his entire class to an IPL match at Wankhede Stadium courtesy R e l i a n c e F o u n d a t i o n ' s Education for All initiative. Sachin was sure the grin would stay on his face for the rest of his life. School was such fun!
'...the concerned authorities should...bring it to the notice of the people at large that there is no reason for them to fear [Wi-Fi mobile towers]...'
Can a Chief Minister hold Prime Minister to ransom? Part 2Flame Of Truth
The Govt of India has approached Delhi High Court against former Delhi Chief Minister Arvind Kejriwal's order to the Anti Corruption Branch to register FIR against two ministers of central government, a former civil servant and a private individual on the matter of gas pricing...
NVIDIA has countersued Samsung in the U.S. District Court in Virginia, citing four graphics patents beyond the seven cited in previous ITC and Delaware cases. The four patents are described in this latest filing.
collector have power to take any building disaster management act -ഏത് കെട്ടിടവും DM Act പ്രകാരം ഏറ്റെടുക്കുന്നതിന് Revenue വകുപ്പിന് അധികാരം ഉണ്ട്.
ആയത് വ്യകതമാക്കി കൊണ്ടുള്ള kerala ഹൈകോടതിയുടെ 22/7/2020 ലെ ഉത്തരവ്
साकेत जिला न्यायालय के एकपक्षीय आदेश को रद्द करते हुए, जिसमें ब्लूमबर्ग को ज़ी के खिलाफ मानहानिकारक लेख हटाने का आदेश दिया गया था, सुप्रीम कोर्ट ने SLAPP मुकदमों और प्री-ट्रायल सेंसरशिप के खिलाफ चेतावनी दी
RfS 160 MW GRID CONNECTED SOLAR PV in UTTAR PRADESHHarish Sharma
As part of JNNSM Phase-II Batch-III, Tranche-VII, SECI has invited setting up of grid connected Solar PV Projects in Uttar Pradesh, on “Build Own Operate” basis for an aggregate capacity of 160 MW. Projects selected based on this RfS shall be given “Viability Gap Funding” in line with terms and conditions of this RfS. SECI shall enter into Power Purchase Agreement (PPA) with the Bidders selected based on this RfS for purchase of solar power selected for a period of 25 years based on the terms, conditions and provisions of the RfS.
Order 163 of 2017-12062018 Petition of Cleanmax Enviro Energy Solutions Pvt. Ltd. seeking clarification regarding
the Net Metering arrangements for Open Access consumers under the MERC (Net
Metering for Roof-Top Solar Photo Voltaic Systems) Regulations, 2015 and issues
pertaining to connection of Roof Top Solar Power Plant
Indian Intellectual Property Cases Report, 2021.pdfBananaIP Counsels
BananaIP is happy to launch the IP Cases Report for the year 2021. This report covers cases related to intellectual property decided by Courts in India, in the form of case notes. These case notes cover important decisions on critical questions of law and fact with respect to various species of intellectual property.
RfS for 35 MW in Puducherry under NSM Ph-II, Batch-IIIHarish Sharma
As part of JNNSM Phase-II Batch-III, Tranche-IX, SECI wishes to invite proposals for setting up of grid connected Solar PV Projects in Puducherry, on “Build Own Operate” basis for an aggregate capacity of 35 MW. Projects selected based on this RfS shall be given “Viability Gap Funding” in line with terms and conditions of this RfS. SECI shall enter into Power Purchase Agreement (PPA) with the Bidders selected based on this RfS for purchase of solar power selected for a period of 25 years based on the terms, conditions and provisions of the RfS.
Last Date for the Closure of Procurement of Tender Documents is 14-Jun-2016 14:00:00 RTZ.
Mukesh Ambani awarded Othmer Gold Medal for Entrepreneurial LeadershipFlame Of Truth
Mr. Mukesh Ambani, Chairman and Managing Director of
Reliance Industries Limited, was conferred the prestigious Othmer Gold Medal for his entrepreneurial leadership that has resulted in the expansion of India’s petroleum refining
industry, creation of the Jamnagar Refinery in Gujarat – the largest grassroots petroleum refinery in the world, and path-breaking initiatives in oil and gas exploration...
India's largest private sector company, Reliance Industries Limited (RIL), is seeking the best and the brightest young women and men for an exciting career as De-risking & Security professionals with Reliance Global Corporate Security...
The Reliance Innovation Awards recognize this spirit of Reliance – to set quantum goals, be bolder than others, reinvent and make the impossible possible. These are annual awards starting this year which salute and celebrate our innovation achievements...
25,552 women in 335 villages participated in awareness events by Reliance Foundation on International Women's Day. Reliance Foundation organised 99 health camps in 124 villages, benefiting 11,519 women...
30 year sovereign & quasi-sovereign - feb 2015Flame Of Truth
RIL is the only private corporate issuer of 30 years bonds in Asia for over a decade and the money was raised at the lowest ever coupon. This has to be seen in the context of other 30 year issuers from Asia being only sovereigns like the Republic of Korea and the Republic of Indonesia and quasi-sovereigns like China's CNOOC, Sinopec...
Reliance Foundation and VFAs (village level producer institutions) celebrated the Sports Day 2014 together with joy and positive spirit. Sports Day 2014’s objective is to bring people together, play and enhance bonding & relationship both within and across the communities. 4,442 people including women and children from 410 VFAs across 26 clusters participated in various sports and games...
Right Kind of Information from the Right Source to the Right People at Right Time. Multi-channel quality information / knowledge provider on rural prosperity so rural communities enable them to take right decisions...
Counter Affidavit by Respondent 2 - Directorate General of HydrocarbonFlame Of Truth
The DGH too has filed a similar counter-affidavit. The ministry said that all necessary efforts were made to resolve the matter amicably and various meetings had been conducted since ONGC brought the matter to its notice. The steps taken by the ministry and DGH lead to RIL agreeing to appointment of an independent technical agency to ascertain connectivity of reservoirs in their blocks.
Counter Affidavit by Respondent 1 - Ministry of Petroleum and Natural GasFlame Of Truth
Alleging Oil and Natural Gas Corp. Ltd (ONGC) of making “frivolous allegations” against the government, the petroleum ministry has told the Delhi high court that the state-owned firm woke up from slumber to allege that its gas may be flowing out of wells of Reliance Industries Ltd’s (RIL) KG-D6 fields.
INDIA HAS NEVER BEEN HERE BEFORE | Facts You Didn't Know About KG-D6Flame Of Truth
Deep water exploration for oil and gas is a complex science and a risky business. It involves technology and extreme engineering of the kind that India has not seen before. It requires staggering amounts of risk capital. Exploration success rate is as low as one in ten and reservoir surprises can occur at any stage of development and production.
People without even a fleeting understanding of the sector have touched off a debate over the KG-D6 block to suggest that Reliance Industries is making windfall profits. This compilation is an attempt to inform the debate with facts so that rhetoric and illogic don’t drown out the serious issue of India’s energy security...
Oil and Gas Industry | What went wrong? | A presentation by AOGOFlame Of Truth
India’s exploration policy has to be in sync with the perception that India’s geological Prospectivity is poor to moderate. Geology of the country cannot be changed but Government Policy and its implementation can ensure extensive appraisal and exploration. Focus of the Government should be on providing appropriate policy and an enabling operating environment to make the sector attractive for investors
SC Judgement - Appointment Of Third ArbitratorFlame Of Truth
The SC judgement by Justice S S Nijjar in the matter between Reliance Industries Ltd and others versus Union of India, arbitration petition filed by Reliance for appointment of the third and the presiding arbitrator.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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Gujarat High Court judgment on Reliance Jio 4G tower
1. ================================================================ vs Ahmedabad Municipal Corporation ... on 5 September, 2014
Gujarat High Court
Gujarat High Court
================================================================ vs Ahmedabad
Municipal Corporation ... on 5 September, 2014
C/SCA/5548/2014 CAV JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 5548 of 2014
With
CIVIL APPLICATION NO. 5597 of 2014
In
CIVIL APPLICATION NO. 5159 of 2014
With
CIVIL APPLICATION NO. 5159 of 2014
In
SPECIAL CIVIL APPLICATION NO. 5548 of 2014
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
================================================================
1 Whether Reporters of Local Papers may be allowed to see the judgment ? Yes
2 To be referred to the Reporter or not ? Yes
3 Whether their Lordships wish to see the fair copy of the judgment ? No
4 Whether this case involves a substantial question of law as to the interpretation of the No Constitution of
India, 1950 or any order made thereunder ?
5 Whether it is to be circulated to the civil judge ? No
================================================================ MUKTIPARK CO
OPERATIVE SOCIETY - PART - IV....Petitioner(s) Versus
A H M E D A B A D M U N I C I P A L C O R P O R A T I O N & 3 . . . . R e s p o n d e n t ( s )
================================================================ Appearance:
Indian Kanoon - http://indiankanoon.org/doc/40336509/ 1
2. ================================================================ vs Ahmedabad Municipal Corporation ... on 5 September, 2014
MS DIMPLE A THAKER, ADVOCATE for the Petitioner(s) No. 1 - 1.15 MS. NIYATI K JUTHANI,
ADVOCATE for the Petitioner(s) No. 1 - 1.15 MR VANDAN BAXI, ASSTT. GOVERNMENT PLEADER
for the Respondent(s) No. 3 MR DEEP D VYAS, ADVOCATE for the Respondent(s) No. 1 MR ND GOHIL,
ADVOCATE for the Respondent(s) No. 4 MR SHAKEEL A QURESHI, ADVOCATE for the Respondent(s)
No. 4 MR MIHIR THAKORE, SR. COUNSEL with MS AMRITA M THAKORE, ADVOCATE for the
R e s p o n d e n t ( s ) N o . 2 N O T I C E N O T R E C D B A C K f o r t h e R e s p o n d e n t ( s ) N o . 3
================================================================
CORAM: HONOURABLE THE CHIEF JUSTICE MR.
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C/SCA/5548/2014 CAV JUDGMENT
BHASKAR BHATTACHARYA
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 05/09/2014
CAV JUDGMENT
(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)
By this writ-application in the nature of a public interest litigation, the petitioners have brought to our notice
that just adjoining to their residential flats situated near the Sola Railway Crossing, Sola, Ahmedabad, the
respondent No.2, Reliance Jio Infocomm Limited, a company engaged in the business of telecommunications,
has erected a Base Transceiver Station (BTS), popularly known as "the Wi-Fi Mobile Tower", in violation of
the guidelines issued by the respondent No.4, Union of India, which is likely to cause a potential health hazard
due to the emission of radio active waves from the said tower.
2. The case made out by the petitioners may be summed up thus:
2.1 The petitioners are residents of Malhar Flats, situated near the Sola Railway Crossing, Sola, Ahmedabad.
The residents of the Malhar Residential Flots have formed a Society, known as "the Muktipark Co-operative
Society, Part IV", registered under the Gujarat Cooperative Societies Act. The petitioner No.1 is the Chairman
of the said Society.
2.2 The respondent Nos. 1, 3 and 4 are "the State", within the meaning of Article 12 of the Constitution of
India. The
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C/SCA/5548/2014 CAV JUDGMENT
respondent No.2 is a company registered under the Companies Act, and is engaged in the business of
communication.
2.3 There are around 39 flats in the Malhar Residential complex, and approximately 120 individuals are
residing in the said flats. The respondent No.2 has illegally erected a Wi-Fi mobile tower approximately two
Indian Kanoon - http://indiankanoon.org/doc/40336509/ 2
3. ================================================================ vs Ahmedabad Municipal Corporation ... on 5 September, 2014
meters close to the residential premises. The Wi-Fi mobile tower is of 4G technology. The respondent No. 2
has erected the said Wi-Fi mobile tower without any permission or sanction or No Objection from the
residents of the Malhar flats or the other nearby residents.
2.4 According to the petitioners, the Wi-Fi mobile tower emits electromagnetic waves which in turn causes
electromagnetic radiation and it has been scientifically proven that the electromagnetic radiation effects are
divided into thermal and non thermal effects; the thermal effects are similar to that of cooking in the
microwave oven, whereas non-thermal effects are not well defined but, they are three to four times more
harmful than the thermal effects. The inter-ministerial report issued by the respondent No.4 indicates the
adverse effects of the radiation emitted by the Wi-Fi mobile towers.
2.5 According to the petitioners, the Wi-Fi mobile towers erected therein would emit higher level of
electromagnetic radiations. The photographs annexed with the petition clearly indicates that the Wi-Fi mobile
tower is extremely close to the residential premises and the warning signs shown on the said Wi-Fi mobile
tower further indicates that it is harmful for the human beings. The warning shown on the tower indicates that
the said tower would be emitting non ionizing radiations,
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capable of causing cancer.
2.6 The Wi-Fi mobile tower operators divide a region in large number of cells and each cell is divided into
number of sectors, the base station is normally configured to transmit different signals into each of those
sectors, wherein the majority of the towers are mounted near the residential and office buildings to provide
good Wi-Fi mobile phone coverage to the users. Taking into consideration such proposition, it would be an
undisputed fact that the Wi-Fi mobile tower located in the vicinity of the petitioner Society would emit
radiation round the clock and the said tower would receive ten thousand to one crore times stronger signals
than required for the Wi-Fi mobile communication.
2.7 The Wi-Fi mobile tower has been erected just outside the garden of the residential premises, wherein the
children from the age group of 3 to 18 years play everyday in the evening. The tower has been erected at such
a place that the residents of the building would be exposed to constant radiation.
In such circumstances, the petitioners have prayed for the follow reliefs:-
(A) Be pleased to issue a writ of mandamus or writ in the nature of mandamus and/or a writ of certiorari or
any other appropriate writ, direction or order commanding the respondent authorities to forthwith take action
in accordance with law against the tower erected by the respondent No.2 just outside the said premises in
question by directing the respondent No.1 to remove the same from said premises since the tower in question
is causing severe health hazard to the family of the petitioner and the like;
(B) Permanently restrain the respondent No.2 from erecting
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C/SCA/5548/2014 CAV JUDGMENT
any Wi-Fi mobile tower in a close vicinity of the petitioner, which would cause health hazard due to emission
of radiation;
Indian Kanoon - http://indiankanoon.org/doc/40336509/ 3
4. ================================================================ vs Ahmedabad Municipal Corporation ... on 5 September, 2014
(C) Be pleased to direct the respondent authorities to not permit use of the tower in question, by sealing the
said tower, which is not permissible under the law, and for which no permission has been sought by the
respondent No.4 from the respondent authorities;
(D) Pending the admission, hearing and final disposal of this petition, be pleased to:-
i) Direct the respondent authorities to not permit use of the property in question, by sealing the said tower;
ii) Direct the respondent authorities to submit a report to this Court of the action taken by the respondent
authorities after the filing of this petition;
iii) Restrain the respondent No.2 from continuing the operation and commencing and usage of the said mobile
tower;
iv) Restrain the respondent No.2 from using the said tower unless and until the respondent No.2 has got all the
legal permission and sanctions, which are in accordance with the General Development Control Regulation
applicable;
E) Be pleased to grant an ex-parte ad interim relief in terms of prayer (D) (i), (ii), (iii) and (iv) above;
F) Be pleased to pass such an order and further orders as may be deemed just and proper in the facts and
circumstances of the present case.
G) Be pleased to award costs of this petition."
3. Stance of the respondent No.4, Union of India:
All the allegations levelled in the petition are baseless and not true. The World Health Organization (WHO) in
its Fact Sheet No.304, May 2006 on the Electromagnetic Fields and Public Health (Base Stations and
Wireless Technologies) has
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C/SCA/5548/2014 CAV JUDGMENT
concluded that considering the very low exposure levels and research results collected till date, no convincing
scientific evidence could be gathered to arrive at the conclusion that the weak RF signals from the base
stations and wireless networks had any adverse impact on the health of the human beings.
The WHO has recommended in the Fact Sheet No. 304, May 2006 that the National authorities should adopt
the international standards to protect their citizens against the adverse levels of RF fields. The International
Commission on Non-ionizing Radiation Protection Guidelines of April, 1998 suggests that the
epidemiological studies on exposed workers and the general public have shown no major health effects
associated with typical exposure environments. The studies have yielded no convincing evidence that the
typical exposure levels lead to adverse reproductive outcomes or increases the risk of cancer. The Department
of Telecommunications (DoT) vide letter dated 8th April, 2010 directed all the CMTS/UAS licensees for
compliance of the reference limits/levels prescribed by the ICNIRP by way of self certification of their Base
Transmitting Stations for meeting with the EMF radiation norms.
In such circumstances referred to above, the respondent No.4 has prayed that there being no merit in this
petition, the same deserves to be rejected.
Indian Kanoon - http://indiankanoon.org/doc/40336509/ 4
5. ================================================================ vs Ahmedabad Municipal Corporation ... on 5 September, 2014
4. Stance of the respondent No.1, The Ahmedabad Municipal Corporation:
By filing an affidavit, the respondent-Corporation has
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stated that none of the fundamental rights or any accrued legal right of the petitioners could be said to have
been violated by any action or inaction on the part of the respondents so as to maintain this petition. The
Corporation is governed and administered by the Rules, Policies and Guidelines framed by the Government of
India. The licensee company, before installation of the towers, is required to obtain the requisite permission
and clearance from the Department of Telecommunications (DoT), and is obliged to follow the conditions and
guidelines as prescribed by the authorities. The Telecom Enforcement Resource and Monitoring Cells
(referred to as "the TERM Cell") of DoT are constituted for the purpose of vigilance, monitoring and security
functions. On failure of any site to meet with the requirements, the authority has been conferred with the
powers to impose heavy penalties and even order closure of the sites.
The Urban Housing Department of the State Government issued Resolutions dated 3rd October, 2012 and
22nd December, 2012 respectively for levying of charges and fees for the companies providing Wireless
Broad Band Services (4G Telecom Services) installing cables and preparing trench through Horizontal Direct
Drilling (HDD) system and erecting of poles in the different cities of State. The resolutions referred to above
issued by the State Government have been accepted by the Standing Committee and Board of the Corporation,
vide Resolutions dated 10th January, 2013 and 29th January, 2013 respectively. In pursuance thereof, the
Corporation has granted the requisite permission for installation of the 4G towers at the respective sites at the
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height admeasuring from 25 meters to 30 meters, depending upon the requirements and in conformity with the
Rules and Regulations.
The compliance and monitoring of the radiation levels would be taken care of by the technical and specialized
agencies of the respondent herein. The permissions granted to the respondent No.2 includes unconditional
undertaking to abide with and follow all the rules, regulations and guidelines issued by the Central/State
Government and also issued by the DoT, so as to ensure that no radiation/frequency rays are harmful and/or
hazardous to human life and inhabitation.
In such circumstances referred to above, the respondent No.1 has prayed that the petition being devoid of any
merit, the same may be rejected.
5. Stance of the respondent No.2 - Reliance Jio Infocomm Limited:
The petition is not maintainable as none of the fundamental rights or any other accrued legal rights of the
petitioners could be said to have been violated.
In the world of telecommunications, the 4-G is the fourth generation of mobile phone mobile communication
technology standards. The 4-G system provides mobile ultra-broadband internet access to laptops,
smartphones, and other mobile devices. The conceivable applications of 4G technology include the amended
mobile web access, IP telephony, gaming services, high-definition mobile TV, video conferencing, 3D
Indian Kanoon - http://indiankanoon.org/doc/40336509/ 5
6. ================================================================ vs Ahmedabad Municipal Corporation ... on 5 September, 2014
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television, and cloud computing. The 4G technology would bring a radical change in the mobile
communication system, education, health, banking industries and business through various equipments and
would also make the activities such as the video conferences, e-education etc. very easy. The use of the
technology is in public interest and in no manner is detrimental to the interest of the people at large. The
respondent No.2 is a Pan India operator with the Broadband Wireless Access (BWA) spectrum across 22
circles capable of offering 4G wireless services. Many operators like the respondent are holding license for
operating in more than one circle for offering the 4G wireless service. In Gujarat, apart from the respondent,
there are three other operators which have been granted licence for offering the 4G wireless services. The
respondent's portfolio of products includes the high speed broadband connectivity, communications,
entertainment and cloud services, which would enable the respondent to deliver the integrated digital services
across the nation. The respondent herein is the first telecom operator in the country to get the Pan India
Unified License i.e. for all 22 service areas across India, which inturn would permit the respondent to offer all
the telecom services including voice telephony under a single license. For the purpose of enabling it to
provide such services, the respondent is erecting cell poles which are also known as Base Transceiver Stations
(BTS). The radio frequency (RF) energy emitted from the cell phones and the cell phone poles is a
non-ionizing one like that from the visible light rays, TV broadcasting signals, FM radio, AM radio, cordless
phones, power lines etc. The radiation from the BTS is much lower than the TV signal broadcasting and
FM/AM radio. The BTS in question is 30 meters in height,
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C/SCA/5548/2014 CAV JUDGMENT
whereas the nearest building i.e. Malhar Flats, which consists of ground plus five floors, is approximately 19
meters in height. The antennae which would be placed on the said BTS tower would be much higher than the
said building. According to the DoT Guidelines, the width of the beam of the mobile antennae in the vertical
direction is very narrow and therefore, only the antennae at the same height is required to be considered as
regards distance between the building and front of antennae.
It has been denied by the respondent that the BTS in question has been illegally erected and without obtaining
necessary permission. The BTS tower in question is not situated inside any private premises, but the same is
situated on a public road and therefore, no NOC is required from the residents of the nearby area.
In such circumstances referred to above, it has been prayed by the respondent No.2 that the petition being
devoid of any merit, the same may be rejected.
Analysis:
6. We have heard Ms. Niyati K. Juthani, the learned counsel appearing on behalf of the petitioners, Mr. Mihir
Thakore, the learned Senior Advocate assisted by Ms. Amrita M. Thakore, the learned advocate appearing on
behalf of the respondent No.2, Mr. Deep D. Vyas, the learned advocate appearing on behalf of the
Ahmedabad Municipal Corporation, Mr. Vandan Baxi, the learned Assistant Government Pleader appearing
on behalf of the State Government and Mr. Shakeel A. Kureshi,
Page 10 of 25
C/SCA/5548/2014 CAV JUDGMENT
Indian Kanoon - http://indiankanoon.org/doc/40336509/ 6
7. ================================================================ vs Ahmedabad Municipal Corporation ... on 5 September, 2014
the learned advocate appearing on behalf of the Union of India.
7. Having heard the learned counsel appearing for the parties and having gone through the materials on
record, the only question that falls for our consideration in this petition is, whether the petitioners are entitled
to any of the reliefs as prayed for in the petition.
8. Ordinarily, the court would allow litigation in public interest if it is found :
(i) That the impugned action is violative of any of the rights enshrined in Part III of the Constitution of India
or any other legal right and relief is sought for its enforcement;
(ii) That the action complained of is palpably illegal or mala fide and affects the group of persons who are not
in a position to protect their own interest on account of poverty, incapacity or ignorance;
(iii) That the person or a group of persons were approaching the Court in public interest for redressal of public
injury arising from the breach of public duty or from violation of some provision of the Constitutional law;
(iv) That such person or group of persons is not a busy body or a meddlesome inter-loper and have not
approached with mala fide intention of vindicating
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their personal vengeance or grievance;
(v) That the process of public interest litigation was not being abused by politicians or other busy bodies for
political or unrelated objective. Every default on the part of the State or Public Authority being not justiciable
in such litigation;
(vi) That the litigation initiated in public interest was such that if not remedied or prevented would weaken the
faith of the common man in the institution of the judiciary and the democratic set up of the country;
(vii) That the State action was being tried to be covered under the carpet and intended to be thrown out on
technicalities;
(viii) Public interest litigation may be initiated either upon a petition filed or on the basis of a letter or other
information received but upon satisfaction that the information laid before the Court was of such a nature
which required examination;
(ix) That the person approaching the Court has come with clean hands, clean heart and clean objectives;
That before taking any action in public interest, the Court must be satisfied that its forum was not being
misused by any unscrupulous litigant, politicians, busy body or persons or groups with malafide objective of
either for vindication of their personal grievance or by resorting to black-mailing or
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considerations extraneous to public interest.
Indian Kanoon - http://indiankanoon.org/doc/40336509/ 7
8. ================================================================ vs Ahmedabad Municipal Corporation ... on 5 September, 2014
9. The petition is substantially based on a strong fear that the radio frequency waves emitted from the BTS in
question is likely to cause health hazards to the residents of the flats and further that the respondent No.2 has
erected the BTS in violation of the guidelines issued by the DoT. It is also the case of the petitioners that the
BTS has been erected without any permission or sanction of the residents of the residential premises in
question. The petitioners, in support of their case that the BTS would be harmful to the residents of the flats,
have relied upon the information downloaded from the Wikipedia (Annexure "C" to the petition), the inter
ministerial report issued by the Ministry of Telecommunication and Information Technology (DoT)
(Annexure "D" to the petition), and the report of the Expert Group to study the possible impacts of
communication towers on Wildlife including birds and bees, issued by the Ministry of Environment and
Forest (Annexure "E" to the petition). The petitioners have also relied upon the advisory guidelines issued by
the State Government regarding the issue of clearance for installation of the mobile towers, effective from 1st
August, 2013, along with the additional guidelines to TERM Cells for auditing the BTS for EMF radiation
effective from 1st August, 2013, issued by the DoT.
10. From the materials on record, it appears that the respondent No.2 has been granted Pan India licence
across 22 circles for offering the 4G wireless services. In the State of Gujarat, apart from the respondent No.2,
three other operators have been granted licence for offering the 4G services. The
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entities who have been granted the 4G licences, which includes the respondent No.2, have been granted
spectrum in the 2300 MHz band. It also appears from the information available on the website of the Global
Mobile Suppliers' Association, that the 4G technology has been commercially launched by 25 operators in 20
countries across the world, where also the spectrum is granted in or around the 2300 MHz band. The details
are as under:-
Sr.No Country Operator TDD Frequency 1 Australia NBN Co 2.3 GHz 2 Australia Optus 2.3 GHz 3 Bahrain
Menatelcom 3.5 GHz 4 Brazil On Telecommunications 2.6 GHz 5 Brazil Sky Brazil Services 2.5 GHz 6
Canada Sasktel 2.5 GHz 7 Hong Kong China Mobile Hong Kong 2.3 GHz 8 India Bharti Airtel 2.3 GHz 9
Indonesia PT Internet 2.3 GHz 10 Japan Softbank XGP/LTE TDD 2.6 GHz 11 Nigeria Spectranet 2.3 GHz 12
Oman Omantel 2.3 GHz 13 Poland Aem2 2.6 GHz 14 Russia Megafon/Moscow 2.6 GHz 15 Russia
MTS/Moscow 2.6 GHz 16 Russia Vanakh Telecom 2.3 GHz 17 Saudi Arabia Mobily 2.5 GHz 18 Saudi
Arabia STC 2.3 GHz 19 South Africa Telkom Mobile 2.3 GHz 20 Spain COTA Murca 4G 2.6 GHz 21 Sri
Lanka Dialog Axiata 2.3 GHz 22 Sweden 3 Sweden 2.6 GHz 23 Uganda MTN 2.6 GHz 24 UK UK
Broadband 3.5 GHz 25 USA Sprint 2.6 GHz
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11. It also appears from the materials on record that for ensuring uniform, faster and smoother processing of
the applications, for clearance of sites for the purpose of setting up the BTS by entities who have been granted
the 4G licence across the cities and towns in Gujarat, the Government of Gujarat has issued a G.R dated 3rd
October, 2012, inter-alia giving suitable directions to all the Municipal Corporations/Municipalities/ Urban
local authorities in the State of Gujarat and also prescribing the amount to be charged.
12. Pursuant to the aforesaid Resolution issued by the State Government, the respondent No.1 has granted
permission in favour of the respondent No.2 dated 15th November, 2013 to set up mobile poles at the specific
locations in the city of Ahmedabad. Thus, we do not find any merit in the contention canvassed on behalf of
the petitioners that the respondent No.2 has erected the poles without obtaining any requisite permission from
Indian Kanoon - http://indiankanoon.org/doc/40336509/ 8
9. ================================================================ vs Ahmedabad Municipal Corporation ... on 5 September, 2014
the authorities concerned. This fact has been made abundantly clear in the affidavit-in-reply filed on behalf of
the respondent No.1, State of Gujarat.
13. It also appears that the BTS with which we are concerned, is 30 meters in height, whereas the height of the
flat (Malhar) is about 16 meters. Further, the BTS has been erected outside the compound of Malhar flats.
14. In April, 1998, the International Commission on Non- ionizing Radiation Protection (ICNIRP), after
conducting the necessary studies, has prescribed the safe levels of EMF radiation from the base stations. This
is evident from the
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ICNIRP guidelines produced on record by the respondent No.2 with it's affidavit-in-reply. The Table 5 thereof
prescribes the basic restrictions for power density for frequencies between 10 and 300 GHz and the same are
50 W/m 2 for occupational exposure and 10 W/m2 for the general public. The Table 7 thereof contains the
reference levels for general public exposure to time varying electric and magnetic fields (unperturbed rms
values). As per this table, if the frequency range is 2 to 300 GHz, the equivalent place wave power density
should be 10 W/m2.
15. In May 2006, the World Health Organisation issued a Fact Sheet, inter alia, making the following
observations:-
"...recent surveys have shown that RF exposures from base stations range from 0.002% to 2% of the levels of
international exposure guidelines, depending on a variety of factors such as proximity to the antennae and the
surrounding environment. This is lower or comparable to RF exposures from radio or television broadcast
transmitters."
"A common concern about base stations and local wireless network antennae rates to the possible long term
health effects that whole-body exposure to RF signals may have. To date, the only health effect from RF fields
identified in scientific reviews has been related to an increase in body temperature (> 1°C) from exposure at
very high field intensity fund only in certain industrial facilities, such as RF heaters. The levels of RF
exposure from base stations and wireless networks are so low that the temperature increase are insignificant
and do not affect human health."
"The strength of RF fields is greatest at its source and diminishes quickly with distance. Access near base
station antennae is restricted where RF signals may exceed international exposure limits. Recent surveys have
indicated that RF exposures from base stations and wireless technologies in publicly accessible areas
(including schools and hospitals) are normally thousands
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of times below international standards."
"Over the past 15 years studies examining a potential relationship between RF transmitters and cancer have
been published, these studies have not provided evidence that RF exposure from the transmitters increases the
rsik of cancer"
Indian Kanoon - http://indiankanoon.org/doc/40336509/ 9
10. ================================================================ vs Ahmedabad Municipal Corporation ... on 5 September, 2014
"From all the evidence accumulated so far, no adverse short or long term health effects have been shown to
occur from the RF signals produced by base stations"
"International exposure guidelines have been developed to provide protection against established effects from
RF fields by the International Commission on Non-Ionizing Radiation Protection (ICNIRP, 1998) and the
Institute of Electrical and Electronic Engineers (IEEE, 2005). National authorities should adopt international
standards to protect their citizens against adverse levels of RF fields. They should restrict access to areas
where exposure limits may be exceeded."
Considering the very low exposure levels and research results collected to date, there is no convincing
scientific evidence that the weak RF signals from base stations and wireless networks cause adverse health
effects."
16. In the year 2008, the Government of India adopted the restrictions and limits recommended by the
aforementioned ICNIRP guidelines. The letter dated 4th November, 2008, issued by the DoT mofifying the
terms of the Licence Agreement in that regard has been produced by the Union of India, along with its reply
(Annexure R-3). By letter dated 8.4.2010, the DoT directed all the CMS/UAS Licensees to comply with the
prescribed reference limits/levels and to issue self certification in that regard in respect of their BTS. It was
also directed that the TERM Cells would test upto 10% of new BTS sites randomly at its discretion.
Additionally, the BTS sites against which if any public complaints are lodged, then the same would also be
tested by the TERM Cell and further if the
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site fails to meet with the EMR criterion, a penalty of Rs. 5 lac would be levied per BTS per service provider.
Moreover, if the servicer provider fails to meet with the criterion within one month of the report of the TERM
Cell, the site would be shut down.
17. Considering the public concerns over the issue, an Inter- Ministerial Committee was constituted in August
2010 to examine the effect of the EMF radiation from the BTS and mobile phones, which, after examining the
matter, submitted its Report, inter alia, recommending that the RF exposure limits in India may be lowered to
1/10th of the existing level.
18. In a group of writ petitions filed in the Rajasthan High Court, inter alia, seeking directions to the various
authorities to formulate a regulatory body in relation to emission of radio frequency and electromagnetic
radiations from the mobile towers, seeking directions not to construct the mobile towers at certain places and
seeking directions to quash the bye-laws made by the State Government of Rajasthan and the municipalities
prohibiting erection of the mobile towers at certain places, the Rajasthan High Court delivered a judgment
dated 27.11.2012 upholding the bye-laws/policy decision of the State Government of Rajasthan and, inter alia,
directing that (i) the mobile towers from hospitals and colleges be removed within 2 months, (ii) that the time
prescribed by the State Government for removal of the mobile towers from within vicinity of 500 mt from jail
premises be implemented, (iii) that removal of the mobile towers near the ancient monuments be considered
by the State Government and the local authorities, (iv) that the mobile towers on playgrounds
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may also be looked into, guideline of the DoT in regard to the mobile handsets and the mobile towers be
strictly enforced, (v) that the public be educated and made aware of the different mobile handsets and
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11. ================================================================ vs Ahmedabad Municipal Corporation ... on 5 September, 2014
ill-effects thereof, and of the towers, and precautions necessary as per the DoT guidelines, (vi) that the State
Governments and the local authorities should take decision on case-wise basis with regard to the installation
of towers in densely populated areas in accordance with law and removal of dangerous towers which were not
established as per the norms and were erected without permission, (vii) that the Government should consider
whether it would be appropriate to change the constitution of the TERM Cells which are the regulatory bodies
framed by it, the directions of the DoT and the Inter-Ministerial Report with respect to constant monitoring be
implemented and that while granting such permission for the installation of towers, concerned bodies should
consider the number of the mobile towers in the area, the effect on the health of the people and various other
safeguards.
19. Based on such recommendations of the Inter-Ministerial Committee, the Government of India has now
adopted stricter norms for emission from the base stations, being 1/10 th of the limits prescribed by ICNIRP.
Accordingly, the licence conditions of all the telecom service providers in India were again amended to this
effect. The letter dated 26.6.2013 issued by the DoT refers to the amendment made to the Licence Agreements
in this regard.
20. The DoT has thereafter issued guidelines effective from 1.8.2013, which, inter alia, reflect the adoption of
1/10 th of the
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limits prescribed by ICNIRP. The comparative table given in the reply of the respondent no. 2 and also
reproduced hereinbelow gives the norms prevalent in India as against those prescribed by the ICNIRP:
Frequency Power Density Limit Power Density Limit (in Mega Hertz or MHz) prescribed by ICNIRP
prescribed by DoT (in Watt/meter 2 or (in Watt/meter 2 or W/m2) W/m2)
900 4.5 0.45 1800 9 0.9 2100 and above 10.5 1
21. With a view to strengthen the monitoring and compliance of safety aspects/provisions in regard to radio
frequency emissions from the mobile towers, the DoT has also issued Additional Guidelines with effect from
1.8.2013, wherein the DoT has prescribed the following safe distances:
No. of antenna(e) Building/Structure safe distance from the pointed in the same antenna(e) at the same height
(in meters) direction
1 20
2 35
4 45
6 55
22. In the said additional guidelines, it is specified that the antennae at the same height only are to be counted,
as the beam width of the mobile antennae, in the vertical direction, is very narrow. It is also stated that the
distance figures in the above table are based on empirical estimation considering that all the antennae are
emitting at their maximum RF power of 20 Watts and in the same direction with the same height (a worst case
scenario). In practise, the value of safe distance of buildings will depend upon the actual deployment scenarios
and mostly, may be far less than depicted above.
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23. Thereafter, several faculty members at the IITs and IISc in the area of communications, being concerned
about the reports of adverse impact of radio frequency radiation from cellular towers on human health,
examined the issue and prepared a Statement on the issue in September 2013 wherein they noted that the DoT
had implemented the reduction of emission levels from the mobile towers in the country to 1/10 th of the
ICNIRP standards and that India thus became one of the 10% countries having the most stringent norms of the
EM exposure. They concluded that the recommendations of the DoT were sensible and based on international
best practises at this point of time and that they should be strictly implemented. They further recommended
creation of a public database where all study reports on the health implication of the EM radiation should be
placed and conduction of multiple scientific studies on the subject of health implications of the EM radiation,
etc.
24. In its latest advisory on health risk associated with mobile phones and BTS, the World Health
Organisation (WHO) has said:
" Studies to date provide no indication that environmental exposure to RF (radio-frequency) fields, such as
from base stations increases the risk of cancer or any other disease.......".
25. In a writ petition filed in the Allahabad High Court, a direction was given to the Government of India to
constitute a committee of experts to submit a report so that the
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Government may take necessary precautions while granting permission for establishment of the mobile
towers. Such Committee was formed vide letter dated 20.8.2013, and thereafter, it has submitted its report on
17.1.2014 stating that the DoT has already prescribed stricter precautionary limits for the EMF radiation from
the mobile towers and the mobile handsets. After considering the report of the Committee, the DoT has issued
an Office Memorandum on 27.2.2014 stating that the presently prescribed limits for the EMF radiation from
the base stations in India are one tenth of the internationally prescribed limits and that the same were adequate
and need no further change at that stage. It is also decided that in order to make a deterrent effect, the penalty
for violation of the prescribed stricter norms from the BTS towers by telecom service providers be increased
from Rs. 5 lac to Rs. 10 lac per BTS per incidence per operator with effect from 20.11.2013. The TERM Cells
are directed to carry out extensive audit of comprehensive self certificates and site for compliance of EMF
radiation safe limits.
26. Recently, the Science and Engineering Research Board, Department of Science and Technology,
Government of India has constituted a Committee of experts, inter alia, to initiate country wide special
scientific studies in the area of engineering and life form risk assessment and to define efficiency and
emission norms for communication, etc. The said Committee has received about 150 proposals which would
be considered and evaluated.
27. What has really left us baffled is the fact that the radio frequency waves used for mobile phones are not
covered
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13. ================================================================ vs Ahmedabad Municipal Corporation ... on 5 September, 2014
under the definition of "radiation" as given in the Atomic Energy Act, 1962 and the non-ionizing radiations do
not have the capability to ionize the matter with which they interact. The Radiation Protection Division
(NRPB) of the U.K. Health Protection Agency in the year 2000 has reported that the balance of evidence
indicates that there is no general risk to the health of the people living near the base stations on the basis that
the exposures are expected to be small fractions of guidelines. The scientific data would indicate that the use
of the mobile phone, AM Radio, FM Radio etc. is more harmful to the human beings compared to the power
emission from the Base Transceiver Stations and that of the Mobile Towers.
28. A Division Bench of the Kerala High Court in the case of Reliance Infocom Ltd. Vs. Chemanchery Grama
Panchayat and ors., reported in AIR 2007 Kerala 33 has observed that the surveys conducted in proximity to
the base stations indicated that the public was exposed to extremely low intensity RF fields in the environment
and all the evidences indicated that they were unlikely to pose the risk to health.
29. We may quote some of the observations of the Division Bench of the Kerala High Court, as contained in
paragraph 5 of the judgment, which has been relied upon by the respondent No.2.
5. We have already found that RF exposures from Mobile Base Stations are much less than from radio, FM
radio and television transmissions and that the consensus of scientific community is that the radiation from
Mobile Phone Base Stations is far too low to produce health hazards if people are kept away from direct
access to the antenna and the overall evidence indicates that they are
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unlikely to pose a risk to health. The strength of radio frequency fields in front of the antennae varies with the
distance. Persons standing directly in front of the antennae in these high density zones will get higher
exposures. We have also found that the height of Mobile Base Station antennae is normally 36 metres and the
effect of radio waves depends on the distance from the base stations since the antennae are directed
horizontally with a 5 degree downwards tilt. Human studies pertaining to base stations conducted by Santini R
et al (2002), Bortkiewicz et al (2004) and Hutter and kundi et at (2006) do not report any quantitative
parameters related to health hazards. Therefore it can safely be concluded that the permission granted for
installation of Mobile Base Station by the Panchayat would not cause as such any health hazards nor will it
affect the fundamental rights guaranteed to citizens under Article 21 of the Constitution. Right to life
enshrined under Article 21 includes all those aspects of life which make life meaningful, complex and worth
living. Development of technology has its own ill-effects on human beings, but, at times people will have to
put up with that at the cost of their advantages. Petitioner and others for installing towers will have necessarily
to comply with the statutory provisions contained in Chapter XIX of the Kerala Municipal Building Rules,
1999 which permits construction of telecommunication towers over buildings. Petitioner has submitted that it
has already satisfied all those conditions and in such circumstance Panchayat has granted the licence.
30. We are in respectful agreement with the aforenoted observations made by the Division Bench of the
Kerala High Court, and propose to follow the same.
31. Before parting with this matter, we deem it necessary to mention that the concerned authorities should, by
way of communication through T.V., Radio etc. bring it to the notice of the people at large that there is no
reason for them to fear the erection of the Base Transceiver Station, known as the Wi-Fi
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Mobile Tower. The reason why we are saying so is that the impression in the mind of a common man is that
the Wi-Fi Mobile Towers erected all over the State has the potential to cause health hazard due to the
emission of radio active waves from the said tower.
32. In view of the aforesaid discussion, we have reached to the conclusion that the petitioners are not entitled
to any of the reliefs as prayed for in the petition. The petition, being devoid of any merit, is accordingly
ordered to be rejected. No costs.
33. In view of the order passed in the main petition, the connected Civil Applications have become
infructuous and are accordingly, disposed of.
Sd/-
(BHASKAR BHATTACHARYA, C.J.)
Sd/-
(J.B.PARDIWALA, J.)
Mohandas
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