mobile tower

Querist : Anonymous (Querist) 22 February 2010 This query is : Resolved
a mobile tower is constructing in the adjacent property. what to do for stopping the construction? what are the laws applicable in this field

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Raj Kumar Makkad (Expert) 22 February 2010
A mobile tower cannot be installed in residential area as held by various courts. Section 133 Cr. P. C. should be exhausted in such matter wherein a written complaint should be made to local Sub-Divisional Magistrate and the process shall start therefrom.

Sarvesh Kumar Sharma Advocate (Expert) 22 February 2010
civil remedy injunction suit can be filed.

B K Raghavendra Rao (Expert) 22 February 2010
You have not clarified, if it is a residential area. If it is commercial area and if the persons after observing requirements of law have obtained permission for erection of a tower in your adjacent property, nothing could be done about it.

O. Mahalakshmi (Expert) 22 February 2010
I agree with Raj Kumar Makkad.

Arvind Singh Chauhan (Expert) 22 February 2010
I go with Raj Sir.

Guest (Expert) 22 February 2010
Mr Raj is right......

B K Raghavendra Rao (Expert) 23 February 2010
Opinion of experts are based on the fact that the property lies in residential area. The questioner has not told so.

If the property is a commercial one and if the owner has obtained clearance from all the departments concerned like municipality, BSNL, high rise building committee, etc., as applicable how he could be stopped from erecting a mobile tower?

Kumar Thadhani (Expert) 24 February 2010
Agreed MR.RAO.

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