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Mitesh Kokare   29 March 2025

πŸ“„ case scenario – mobile tower issue (napane village)

πŸ“Village: Napane
🏞️ Taluka: Vaibhavwadi
πŸ“Œ District: Sindhudurg
πŸ“… Original Tower Installation Year: 2005
πŸ“ Lease Renewal Year: 2017 (as per available info)
🏑 Land Type: Private land owned by individual
πŸ“ƒ Current Land Status on 7/12: Agricultural (not converted to NA)

πŸ” What Happened:

  • A mobile tower was installed in 2005 on Gat No. 1200, on agricultural land owned by a private individual in our village.

  • A lease agreement was entered between the landowner and the telecom company.

  • The lease was renewed again in 2017.

  • A Gram Panchayat NOC was also issued at the time — but we do not have any record that this was discussed in Gram Sabha, or that NA conversion was done.

  • The land’s 7/12 extract today still shows agricultural status.

  • The NOC seems to have been issued in a Gram Panchayat internal meeting, not a Gram Sabha.

  • There are now health and safety concerns, and several villagers, including myself, have raised objections.

  • I have filed RTIs and gathered documents. 

 

I now want to understand the proper legal route for:

❓ Questions:

  1. What steps should I take to get the NOC cancelled at the government level?

    • Who should I approach – Gram Panchayat, BDO, Tehsildar, Collector?

    • Can I ask for inquiry or inspection?

  2. How can the lease be cancelled or declared invalid?

    • Can this be done through administration, or do I need to go to civil court?

    • What evidence do I need to collect?

  3. Can I challenge this at judicial level (civil court / PIL)?

    • Should I file a civil suit against the landowner/company for illegal lease?

    • Is a PIL suitable if public health or environmental concerns are involved?

  4. Should I serve legal notice to the company or landowner before any action?

  5. What risks do I face, and what protections should I take (RTI, written objections, etc.)?



 3 Replies

R.K Nanda (Advocate)     29 March 2025

Consult local lawyer. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     29 March 2025

It is always better that you discuss with a local lawyer who can properly advise you after scrutinising the property related papers or any other circumstantial evidences and you can proceed as advised by the local lawyer 

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     31 March 2025

To address the mobile tower issue in Napane village, let's break down the scenario and explore possible solutions: Key Considerations: 1. *Health Concerns*: Residents may be worried about potential health risks due to radiation from the mobile tower. 2. *Property Values*: The presence of a mobile tower might affect property values in the area. 3. *Telecom Operator's Rights*: The telecom operator has a legitimate right to install and maintain the tower. Possible Solutions: 1. *Relocation of the Tower*: If possible, explore alternative locations for the tower that are farther away from residential areas. 2. *Radiation Safety Measures*: Ensure that the telecom operator implements radiation safety measures, such as reducing power output or installing shielding. 3. *Community Engagement*: Facilitate open communication between the telecom operator, local authorities, and residents to address concerns and find mutually acceptable solutions. 4. *Regulatory Compliance*: Verify that the telecom operator is complying with relevant regulations and guidelines for mobile tower installations. Recommendation: 1. *Conduct a Public Meeting*: Organize a public meeting to discuss the issue and gather feedback from residents. 2. *Collaborate with Local Authorities*: Work with local authorities to ensure that the telecom operator is complying with regulations and to explore possible solutions. 3. *Seek Expert Advice*: Consult with experts in the field to assess the potential health risks and provide guidance on radiation safety measures.


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