Upgrad LLM

will delhi hc ruling applies in karnataka


I have neighbor who installed Mobile Tower on his house in a pure residential area. The tower base is installed on his terrace just 2ft away from my house/site. This is causing serious sound disturbance & nuisance for 24hrs. Other dangerous thing is i heard it causes serious health effect in the long run due to radio waves it emits. He has not taken any opinion from us. Would like to know the rules to fight this problem. The house is in Bommanahalli,Bangalore,Karnataka. His house is in 60x40 site & my house is in 30x40 site with very narrow roads.

Talking soft way is not helping, he says if there is train station near house would i go & complain to remove train station etc....He says we need to tolerate to appreciate technology advantage. When stressed, he says talk to Tata Telecom who installed. It is horribly noisy(Fans keep running loud) & highly risky as i have small kids @ home.

Recently read a news article where Delhi HC gave order to remove it. Will this ruling will apply in Karnataka as well...?

http://articles.timesofindia.indiatimes.com/2011-06-17/delhi/29669529_1_mobile-tower-generator-sdm

Appreciate if you can help to fight this out. How i should proceed, whom i should consult.

 

Thanks

Yogesha MG

 
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Advocate & Legal Advisor

yes, but most of the courts pressed for local rulling. It is not mandatory to concede for other state judgemnt.

 
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adviser

No.. However, it will have persuasive value and can be referred in argument ...

 
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Retired Government Servant

The judgments of other high courts are persuasive in nature. They are not binding precedents; Yet the courts will take note of the ratio laid down therein and not simply throw away stating that they are not of our high court. If there is contrary judgemnt of Karnataka High court, then the judgment of Dehli High court is not binding.

 
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POWER OF DEFENSE IS IMMENSE

even without citation there are sufficient provisons in IPC.First approach the local body about permission , if given apply for revocation and if not complied to court.

 
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ADVISOR

First of all consider about mutual relations with your neighbour.If you still want to fight then file an application under RTI Act to Municipal authority and seek copy of"Permission to install the tower".It would provide you the basic information and then you should proceed further.

The Municipal Council/Corporation publishes advt. in local papers to seek objections,if any, to persons residing in the area.You should ask for the copy of advertisement published .

Bear in mind that information asked for by you must be in simple language as questioning is not allowed.You directly ask for the information duly certified.

 
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