PHC stops mobile operator from installing tower in park

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PESHAWAR: The Peshawar High Court on Tuesday stopped a mobile operator from installing a cell tower in a Defence Officers Colony park here until further orders as a petition challenged it over health hazards.

A bench consisting of Justice Roohul Amin Khan and Justice Sahibzada Asadullah sought comments from the company on the petition filed by a resident of the colony, Dr Khalid Shah, who requested the court to declare illegal and unconstitutional the installation of the cellular phone tower at Defence Park, which was near his home.

The petitioner also requested the court to restrain the cellular phone companies from installing their phone towers/ base transceiver stations in residential areas, near schools and parks.

A counsel for the mobile operator, Zong CM Pak Limited, contended that the tower installation had almost completed.

The court observed that if the cell tower had been installed, it should not be made operational until further orders.

Seeks its response to petition on matter

The respondents in the petition are the Pakistan Telecommunication Authority through its chairman, Peshawar Cantonment Board’s executive officer, Zong CM Pak Limited through its regional manager, and Environmental Protection Agency through its secretary.

Advocate Saifullah Muhib Kakakhel appeared for the petitioner and contended that the network cellular towers transmitted microwaves and other hazardous emissions, which were dangerous to living beings and could cause cancer, headache and dizziness.

He said those emissions and the installation of a cell tower would disturb the serenity of one of the few remaining parks of Peshawar due to its harmful impact on humans and plants along with the noise pollution caused by its generator and machinery.

The lawyer said guidelines were issued by the International Commission on Non-Ionising Radiation Protection (ICNIRP) in 1998 for the installation of cell towers, while guidelines were issued nationally revealing that the cell towers should be placed at a safe distance from houses, public places and schools He pointed out that a petition filed by citizen Mohammad Naeem on the issue had been pending with the high court.

The counsel added that the high court had restrained the respondents of that petition, including the PTA and EPA, from issuing any NOC to any mobile operator for the installation of cell towers.

He claimed that the EPA had prepared guidelines for the installation of base transceiver station (BTS) sites but they’re not complied with in the Defence Officers Colony park.

The lawyer contended that the guidelines provided that the proposed BTS site should be at least 100 meters away from educational institutions and hospitals.

He argued that the installation of cell towers in the park would harm the health of residents like petitioner and park visitors.

Published in Dawn, August 25th, 2021

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