HYDERABAD, Dec 7: The Hyderabad Circuit Bench of the Sindh High Court on Thursday retrained the respondent Mobilink company from installing a tower near a private school in Shah Latif colony in Kotri taluka of Jamshoro district.

Justice Mrs Qaiser Iqbal passed the order on a petition filed by Mohammad Hassan, resident of Daryabad Colony, Kotri, against the Sindh communication secretary, the Jamshoro district nazim, the Kotri taluka nazim and the area manager of Mobilink and a contractor, challenging the installation of tower in his area.

The order was passed after additional registrar of the court visited the site and submitted an inspection report, mentioning a tower had been installed on the disputed property and a metallic generator room constructed. The court official said a functional generator was also found.

The court said notices should be served to other respondents.

The court restrained the area manager of Mobilink and contractor Mithoo from installing tower in the area mentioned in petition.

The petitioner said he was living with his family including two children Nisha Hassan 8, of Class-I and Shoaib Hassan 13, of Class-VII in Shah Latif Colony Kotri.

He said his children and 300 other students were enrolled in the Oxford Public High School situated in the colony. He said the area was poor locality and as such the above school plays a vital role in imparting quality education with reasonable fee structure.

He said people of the area particularly parents and school management were shocked to find respondents area manger of the cellular phone company and contractor Mithoo excavating earth for erecting and installing 100ft tall pole for receiving and transmission of electronic waves at very close distance of school where petitioner’s children were studying.

He maintained the residents of Mohallah and school management requested respondents that since the area was congested and more than six schools were functioning therefore they should avoid installing tower here and shift it to some desolated area.

He said they told the company manager that it would save their children and other people from hazardous effects of waves on their health whereas it could also collapse during strong winds and rainy season. The petitioner also informed the manager about casualty in a similar tower collapse in Tando Mohammad Khan and Karachi.

He said respondents were insisting to install the tower in front of Oxford Public High School as such there was imminent danger to lives of students and general public.

He stated that no Site plan or permission was sought by respondents from the concerned authority.

He maintained that he and other people approached local administration, particularly Nazims but they did not take steps to stop its installation and redress grievances of petitioner.

He said he was aggrieved person within ambit of article 199 of Constitution and his right had been infringed.

He said under such compelling circumstances the petitioner had no other efficacious and alternate remedy left but to move the court to invoke constitutional jurisdiction. He prayed the court to declare installation of tower in education and residential vicinities by respondents 4 and 5 as unwarranted and illegal.

He said respondents should be directed to refrain from installing the Mobilink tower or of any other company near the school and densely populated area.