Mobile tower on common roof
4WhatIsRight
(Querist) 14 May 2012
This query is : Resolved
Dear Sir We are 2 brothers.
we divided and partitioned our original family building in 2 parts, (separately assessed by municipal corporation as plot 27A & 27B).
my brother has installed a mobile tower on roof of his portion, despite protest.
but the roof was originally cast as single roof and it is demarcated by a 4feet high boundary wall only.
the radiation from tower is causing fear to us and we are not using the roof.
can i object to such installation as it is not just affecting my brother's portion but the entire structure / building, including my portion roof and foundation as well.
building adjacent to our building is a old age home and a Montessori school.
do i have a right to protest and go to authority stating that it requires my permission also, as the structure / building shares common foundation and roof.
whom shall i approach?
Shonee Kapoor
(Expert) 14 May 2012
It doesnot seem proper.
what are the Municipal rules regarding towers.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
4WhatIsRight
(Querist) 14 May 2012
the confusion is as whom to approach- municipal authority, environment ministry, ministry of telecommunication or pollution control board.
The circular says that it should be atleast 3meters away from nearby building.- but in my case it is same building originally, later partitioned into 27-A & 27-B. it common roof demarcated by 4feet brickwall.
the circular says it should be atleast 100meters away from school / hospitals as children and patients are easy prey to radiation effects.
the circular says permission from neighbors is a must.
the circular says permission must be taken from dept. of telecom, dept. of environment / pollution control board, municipality and structural stability certificate from authorised body or approved engineers.
Raj Kumar Makkad
(Expert) 14 May 2012
About which circular, you are discussing? Post this circular here and also in www.lawexpertsindia.com so that many persons may be benefitted by it.
V R SHROFF
(Expert) 15 May 2012
In my locality, the Mobile Tower is on top (head) of a Hospital. 7 story unauthorised building have 2 story of hospital. so distance is less than 50'=Les than 20 mtr!!
Post the circular Pl.
4WhatIsRight
(Querist) 15 May 2012
http://www.commonfloor.com/articles/guidelines-for-installation-of-the-mobile-towers-4485.html
moreover towers cannot be installed over hospital / school buildings.
ajay sethi
(Expert) 15 May 2012
The Punjab and Haryana High Court on Monday directed the Chandigarh Administration and Central government to place on record the fresh notifications and guidelines issued by the Centre on removal of mobile towers from residential areas.
The directions were given during the resumed hearing of a bunch of petitions demanding removal of mobile towers from residential areas. A month ago, the High Court had directed the Chandigarh Administration to notify its policy on the issue of mobile towers in residential areas within a period of one month. A division bench had ordered that the UT must decide on the objections filed by the owners of mobile companies within a month and then notify its policy.
The policy would be moulded if the Chandigarh Administration decided to accept the objections filed by mobile companies. The companies had opposed the draft policy prepared by the administration in 2004 wherein the UT had decided not to allow any mobile companies to install their towers in residential areas.
The draft policy had made it clear that no mobile tower would be allowed to come up in a residential area. The policy had stated that mobile towers would be allowed to be installed only in commercial buildings which have completion certificates and their building plans. The policy read that the commercial buildings should have sewerage connections and be inspected by the Estate Office. The mobile company owners had also challenged some other provisions laid down by the UT in its draft policy.
Chandigarh, Tue Apr 24 2012, 02:08 hrs
.
ajay sethi
(Expert) 15 May 2012
Mobile tower case - P&H High Court directs companies to follow norms
Tue 15 May 2012 Lalit Kumar Chandigarh
A division bench of the Punjab and Haryana High Court Monday asked the state governments to direct all municipal councils, corporations and other local bodies to take action against mobile towers functioning in residential areas without following required norms. The bench also directed the administration to file a survey report on towers in UT of Chandigarh.
Referring to its previous orders, the bench of Acting Chief Justice MM Kumar and Justice Alok Singh asserted the state governments and the Chandigarh Administration were well within their jurisdiction to demolish towers, if the service providers given lease of the buildings “fail to answer the norms laid down in a letter dated 17 November 2011”.
The bench further added, “In the last order, we have clarified that the State Government shall come into action and no civil court shall grant any injunction, if such towers are to be demolished….” Taking notice of such violation in Kapurthala, the bench directed, “The State Government must fling into action by issuing direction to the municipal council, Kapurthala for the demolition of a tower. It is further directed that similar directions have to be issued to the municipal councils/corporations or other local bodies with clear understanding that all such towers, which are operating in violation of the norms fixed by the inter-ministerial committee and accepted by the department of telecom, Government of India, shall not be permitted to operate. The State of Haryana shall also follow the same direction”.
Focusing on Chandigarh, the bench took note of the UT counsel’s assertion that 180 towers have been erected in the residential areas of Chandigarh, and notices have been served. For them, the last date for the removal of illegal structures is May 18.
The counsel also told the bench that a survey was required to be carried out for assessing whether the other towers conform to the norms fixed by the committee. “After undertaking the survey, the report be submitted to this Court on the next date of hearing”, the bench directed, adding that the service providers “shall themselves remove the towers at once because they are aware whether these conform to the norms fixed by the committee and accepted by the Central Government vide letter dated November 17 last”.
4WhatIsRight
(Querist) 15 May 2012
How shall one proceed with the complaint.
first approach- police / municipal authority/ pollution control board/ ministry of tel. / ministry of environment.
with whom to lodge a complaint and how to initiate legal battle.
shall at first one exhaust the remedies available with various authority then approach court or shall directly approach court?
matter shall be civil or criminal amounting to culpable homicide- as there are many instances of persons contracting cancer?
ajay sethi
(Expert) 15 May 2012
file complaint with muncipal authhorites . if no action si taken move high court by filing writ petition against failure on part of nuncipal authroties to take action . use punjab and haryana high court judgement cited above
4WhatIsRight
(Querist) 24 May 2012
What are the options available under crpc and cpc?my brother has good influence over local police station.isnt it a attack on fundamental right to live peacefully and my brothers action of installing mobile tower on roof is seriously effecting my premises also.
Ms.Nirmala P.Rao
(Expert) 15 October 2012
Dear Client,
You can approach the Pollution control board and if they don't take action you can file a case of radiation pollution through the mobile tower which may soon lead to cancer of all of you who are exposed to this radiation emanating from the tower.You can file a complaint under Environment Law and get a perpetual injunction to remove the mobile tower from theist place and place it at a far off place.
Ms.Nirmala P.Rao
Legal Expert.
