| Case ID |
2622bba1-681a-4246-af39-988aab5adbe0 |
| Body |
View case body. Login to View |
| Case Number |
Suit No. 1513 of 2009 |
| Decision Date |
Dec 15, 2010 |
| Hearing Date |
|
| Decision |
The Sindh High Court ruled that the plaintiff failed to establish a prima facie case for an injunction against the installation of mobile antennas on the rooftop of the building in question. The court noted that the plaintiff's claims regarding ownership and health risks associated with the antennas would require substantial evidence to be proven. The court emphasized the need for compliance with the Protection from Health Related Effects of Radio Base Station Antennas Regulations, 2008 and directed the Pakistan Telecommunication Authority to conduct inspections prior to the installation of any antennas. The court also acknowledged the importance of public interest in regulating the installation of cellular antennas to mitigate potential health risks to the community. |
| Summary |
In the case of Suit No. 1513 of 2009, the Sindh High Court addressed a dispute between Rabbiya Associates, the plaintiff, and Zong (China Mobile) along with several defendants regarding the installation of mobile antennas on the rooftop of a building named Safari Blessing in Karachi. The plaintiff claimed ownership of the rooftop and sought an injunction to prevent the installation of antennas, arguing that it would harm the residents' health. However, the court found that the plaintiff did not provide sufficient evidence to support its claims and emphasized the need for compliance with existing regulations. The court's decision highlighted the balance between private property rights and public health considerations, a crucial aspect in cases involving telecommunications infrastructure. The ruling underscores the significance of thorough inspections and adherence to safety regulations before the installation of cellular towers, reflecting a growing concern for environmental and health impacts in urban areas. This case serves as a reference point for future disputes involving telecommunications and public health. |
| Court |
Sindh High Court
|
| Entities Involved |
Pakistan Telecommunication Authority,
Environmental Protection Agency,
Faisal Cantonment Board,
Rabbiya Associates,
Zong (China Mobile)
|
| Judges |
MUHAMMAD ALI MAZHAR, J
|
| Lawyers |
Raza Muhammad Raza,
Fazal-ur-Rahman,
Moin-ud-Din,
Kashif Hanif,
Salim Salam Ansari,
Mukhtar Ahmed,
Masood Anwar,
Junaid Farooqui
|
| Petitioners |
Messrs RABBIYA ASSOCIATIES through Proprietor
|
| Respondents |
Messrs ZONG (CHINA MOBILE) through Director and 3 others
|
| Citations |
2011 SLD 2228,
2011 PLD 132
|
| Other Citations |
PLD 1994 SC 693,
PLD 1960 Dacca 103,
PLD 1978 Lah. 113,
C.P. No. D-844 of 2004
|
| Laws Involved |
Protection from Health Related Effects of Radio Base Station Antennas Regulations, 2008,
Specific Relief Act (I of 1877),
Pakistan Environmental Protection Act (XXXIV of 1997),
Civil Procedure Code (V of 1908)
|
| Sections |
5,
10,
42,
54,
4(1),
5,
6(1),
O.XXXIX, Rr. 1 & 2
|