PANAJI
The Bombay High Court at Goa has asked that Disability Commissioner not to take coercive action against Indus Towers Ltd while also allowing the mobile tower construction company to go ahead with the construction of a mobile tower in the vicinity of a school for the disabled children.
Hearing a petition filed by Indus Towers Ltd., which had sought interim relief from an order passed by the Disability Commissioner, the High Court ruled that the construction of the tower could go ahead at the company’s own risk and subject to the final outcome of the petition.
“The State Commissioner for Persons with Disabilities is directed not to take any coercive action pursuant to the order dated 26th May, 2022 till the next date. The Petitioner is also permitted to carry on the construction, subject to further orders of this Court, at their own will and risks,” the High Court said also taking on record the submission by the tower company that that the construction is going on and as such, there is no question of the tower being functional at this stage.
Indus Towers was granted permission to construct the tower. However, within a short span of a month, a complaint was filed by the School Authority on 4th May, 2022 raising grievance against the construction of the tower.
The Disability Commissioner, in his order dated 26th May, 2022, issued various directions (including to cease construction of the tower). Failure on the part to comply with the directions of the authority, the Commission would be compelled to impose penalty under the provisions of Section 89 of the Rights of Persons with Disabilities Act, 2016, the commissioner warned.
Indus Towers told the High Court that there is absolutely no scientific material or data submitted either in the complaint or submitted before the Commissioner, so as to arrive at a conclusion that the construction of the tower is a health hazard for the differently abled children. Further, the company also told the court that it is only an impression of the authority expressed under the words “These Special Students have inherent low immunity and prone to various other ailments and the radiations of Mobile Phone Tower installed by M/s. Indus towers Ltd. in just less than 100 metres range of the Special School premises may cause irreparable harm to these special students.”
After hearing the matter the High Court granted interim relief to the petitioners allowing the construction to go ahead.
