Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Chetan (Advocate)     25 August 2008

Removal of Mobile Tower

There is a Mobile Tower near in my house, whether I can  Remove it ,

if yes Pls. write me the procedures.



Learning

 16 Replies

sangram (service)     25 August 2008

I have another query. pls any one can sugest what must be the rent of power unit of AIRTEL on industrial building.


Regards,


Sangram

aruntrivedi (lawyer)     26 August 2008

make an application to the authorities who granted the permission for erection of tower to cancel the same - if authorities are not agsreeing with same, file an appeal with the higher authorities just like if permission is granted by the local auhorities i.e. Village Panchayat, Municipality file an application for cancellation of permission to the District Panchayat or District Collector against the decision of the said authorities. Even thereafter nothing is yield, you can file a Civil Case for cancellation of such permission with District Court and above it Hon'ble High Court. You can seek relief to remove the tower forthwith on cancellation of permission. The Mobile Towers are established and erected under the License granted by the Central Government for communication services you have to prove that it is disturbing your normal life or whatsoever may be the reason. In Gujarat I have come across many cases for such matters, wherein they are not removed since the public in general and local authorities are not having any objection even in certain cases Hon'ble High Court has not removed the Towers. If you have objection of its being nearby your residence or place of business or else, no remedy. In certain cases objections are invited before erection of such towers from the Public in General, you could have objected the same at that time. If the same is erected without proper permission i.e. just like estalished in Agriculture Lands, without obtaining N.A. Use Permission for the appropriate authorities, established without taking proper permission from the local authorities, the Mobile Company will be asked to obtain regular permission - but you have not right to say something having erected and established under proper and regular permission of law to remove it. As a lawyer I would advise you to challenge the permission which was granted and establish that the permission which is granted by any athorities are most illegitimate and unlawful - the Tower can be removed to some other place.

1 Like

aruntrivedi (lawyer)     26 August 2008

for your query the same can be in accordance with the rate card of the power company. Please contact Power Supply Company - there are no Government norms that rate should be to the tune of amount of so much.

Guest (n/a)     26 August 2008

Mobile towers near thickly populated places near residential houses and schools pose a serious health hazard.  The electro-magnetic radiation emitted from these towers can harm humanbeings.  Various scientific research studies highlight the dangers involved in continuous exposure to EMR.  Two PILs were filed in the Kerala High Court challenging the setting up of mobile phone towers near residential locality. B. Chandrasekharan Pillai Vs. Union of India and others; Dr. M.K. Sabu Vs. Union of India and others.  The research materials were produced before the Hon'ble High Court. The Union of India has sought transfer of these writ petitions along with two other writ petitions pending in Mumbai High Court to the Supreme Court and the case is pending.  I also understand that the Apex Court had already issued notices to the Government of India as well as the mobile companies in an identical matter pending before it which was moved by an NGO in Gujarat.  For more information, kindly contact me in email id.

advocate jain (advocate)     27 August 2008

thnx for ur information

advocate jain (advocate)     27 August 2008

there is no fix rent of power unit

Rayomand (Lawyer)     27 August 2008

You will have to make an application to the authorities who granted the permission for erection of tower to cancel the same. If authorities are not agreeing with the same, file an appeal with the higher authorities just like if permission is granted by the Village Panchayat, Municipality or local body file an application for cancellation of permission to the District Panchayat or District Collector against the decision of the said authorities. Even thereafter if nothing is yield, you can file a Civil Case for cancellation of such permission with the District Court and above it Hon'ble High Court. You can seek relief to remove the tower forthwith on cancellation of permission. The Mobile Towers are established and erected under the License granted by the Central Government for communication services. Thus you shall only be able to remove them if you are able to prove that it is a great nuisance / hinderabnce or hazardous or the erection is not as per the specifications laid down .Mobile towers near thickly populated places near residential houses and schools pose a serious health hazard.  The electro-magnetic radiation emitted from these towers can harm humanbeings.  Various scientific research studies highlight the dangers involved in continuous exposure to EMR.  Two PILs were filed in the Kerala High Court challenging the setting up of mobile phone towers near residential locality. B. Chandrasekharan Pillai Vs. Union of India and others; Dr. M.K. Sabu Vs. Union of India and others.  The research materials were produced before the Hon'ble High Court. The Union of India has sought transfer of these writ petitions along with two other writ petitions pending in Mumbai High Court to the Supreme Court and the case is pending.Thus it will be prejudicial for us to say much

prabodh kumar patel (advocate)     18 October 2008

Very useful information, thank you all.

mandar (consultant)     21 October 2008

u can file PIL agaist the company and the society /owner of the place with whom agreement is made for erction of tower.

amit (service)     28 June 2009

sir i have also sent a mail to you, please guide me how to stop the tata indicom tower under installation near to my residence.

 

amit (service)     28 June 2009

sir, can you update the latest.

Deekshitulu.V.S.R (B.Sc, B.L)     25 March 2010

Mr Anil Kumar

What had happened to the writ petitions regarding the cell phone. Is there a decision rendered by any HC restraining installations of cell towers. Are you of any help.

My mail id is ditty33379@rediffmail.com

OLETY NAGENDDRA KRISHNA (B.Sc, B.L)     19 April 2010

I hope the establishment of Cell Towers in the residential area will definitely cause injury to the health of the human beings even though it is not visibletoday. In the long run it will cause to the nervous system for which there may not be any medicine. Except discarding the use of Cell phones and removal of towers.

Bobby Mani T (Lawyer)     19 April 2010

There are many ruling of various High Courts stating that there is no prooved hazads emiting from Mobile towers, and further even if there is some raditation, all radiation cannot be prevented, Every polution is to be controled by polution control board the duty of the pollution control board is to check whether the polution is with in the stipulated norms.  The total prevention of pollution is not possible.  Where there is development some polution is inevitable.  That polution can be controlled or is kept within  stipulated limits.  Modern society cannot turn back to development.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register