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Mobile tower erected in common terrace

(Querist) 28 August 2017 This query is : Open 
We are two brothers living in a two storeyed building constructed in single foundation.
We got the property apportioned and mutated in our individual names.
Front portion numbered as plot 1A and back side portion as 1B.
We have built a 6 feet high wall on roof/terrace.
Recently my brother erected a mobile tower on his side.
As the chances of radiation are there, I am unable to use my roof.
I asked my brother to remove the tower but he is adamant, he says that it is on his side and I have no business to object.
I am not in favour of allowing this mobile tower on roof as it hinders roof usage.
Local police says that they have no role to play.
Ms.Usha Kapoor (Expert) 29 August 2017
File a suit for permanent injunction against your brother for erecting mobile tower on the common terrace as its radiation may pose health hazards such as cancer etc. With injunction order you can prevent your brother's erection of mobile tower by using the common area on the terrace/roof.causing radiation hazards to you. You can file injunction under the law of Nuisance.
R.K Nanda (Expert) 29 August 2017
1. file written complaint against ur brother in municipal authority of ur zone to get said illegal tower demolished.
R.K Nanda (Expert) 29 August 2017
2. you can also file mandatory injunction case against ur brother in court to get said illegal tower demolished by court order.
Kumar Doab (Expert) 29 August 2017
In title of query you have mentioned mobile Tower erected in common terrace.
In 1st query you have mentioned mobile Tower erected in his side.

Which one is correct?
Kumar Doab (Expert) 29 August 2017
If he has already obtained approvals then check if there is any variance/defects....
Guest (Expert) 29 August 2017
When already partitioned, you cannot claim the terrace to be common one. However, if radiation really affects your portion of terrace only then you should have concern. It is not a question whether you favour or not in allowing mobile tower on your brother's roof top, the question is whether you have evidence of radiation affecting you or your family. So, if you go to the court without any evidence, your case may fall flat. So, before approaching court of law, get report of some experts on the issue, whether the tower actually affects your portion of property or not.

Rajendra K Goyal (Expert) 29 August 2017
He has erected the tower in his side, you should have no objection till you are able to prove that the radiation fromthe tower are hazardous for health.
Ms.Usha Kapoor (Expert) 29 August 2017
Dear Friends/experts,

Mobile tower radiation hazards will have a hazardous carcinogenic impact up to 10 KM within the vicinity of mobile tower. According to Health Authorities No mobile Tower should be erected withing 10 km radius of a residential colony as it has lethal effect of spreading cancer.Many studies and statistics confirmed it.
Guest (Expert) 29 August 2017
Usha ji,

If the author of the problem wants to move the court on the issue, will that suffice to say that the Health authorities and which authorities have stated that the Mobile tower should not be erected within 10 KM radius of a residential colony, if he could not prove that the existing tower has not created any health hazard for the querist and his family?

Further, can anyone say that in cities there is no tower within 10 KM radius. You can find towers even in your own vicinity may be within 100 to 500 meters near your own house.
Kumar Doab (Expert) 30 August 2017
Dear LCI Querist,

Ms.Usha Kapoor has provided you with inputs in her posts.

Shri. R.K.Nanda,Shri. Rajendra K Goyal, Shri Kumar Doab have posted inputs for you.

You may take the matter further under expert guidance of your LOCAL senior very able counsel of unshakable repute and integrity specializing in such/civil matters and having successful tracks record in such matters.................

Based on your inputs e.g; the tower is on which side, common terrace, defects in approval etc etc your counsel can opine on the spot on options and merits in each option...............

Then you can decide.
Hemant Agarwal (Expert) 12 September 2017
Kindly prefer to visit the following link, for basic answers to your query:

Keep Smiling .... Hemant Agarwal
4WhatIsRight (Querist) 24 November 2017
Thank you all those who contributed in here to give me a broader view of the situation and options.

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