Removal of mobile tower from residential area.
Gaurav
(Querist) 30 June 2014
This query is : Resolved
Hi,
Please tell me the procedure to remove mobile tower erected near my house?
on what basis i can challenge the mobile companies for the same?
please provide me information if any order passed by HC /SC of india
ajay sethi
(Expert) 30 June 2014
whether prior permission taken or not from muncipal corporation for installation of mobile towers? if you are staying in society whether AGM consent taken for installation of mobile tower .
Dr J C Vashista
(Expert) 01 July 2014
Issue notice to remove the tower to the company who errcted it.
Engage a local lawyer, produce relevant documents for his/her perusal, proceed as advised.
Devajyoti Barman
(Expert) 01 July 2014
On the ground of health hazard you can apply for its removal by Municipal authority. IF IT DEFAULT THEN FILE wRIT.
Rajendra K Goyal
(Expert) 01 July 2014
Send legal notice to the mobile company, also lodge complaint to Municipal authority. If no action may file case. consult local lawyer.
P. Venu 
(Expert) 01 July 2014
The mobile should have been erected after obtaining due permission from the authorities concerned. Pl. verify.
However, there is no scientific evidence of the adverse health effects of mobile towers.
ajay sethi
(Expert) 01 July 2014
querist has not bothered to reply to queries raised
Gaurav
(Querist) 02 July 2014
Mr. Ajay sethi,
Sorry sir for late reply.
sir, can something be done, if the mobile company has permission for the same.
Gaurav
(Querist) 02 July 2014
Barman sir, can you please tell me what kind of health hazards? and is there any evidence available.?
ajay sethi
(Expert) 02 July 2014
if mobile tower has permission from muncipal corporation and consent of members of society were obtained it would be difficult for you to challenge the said installation .
you have to make out a case that installation of tower has seriously affected your health on account of radiation exceeding permissible limits
ajay sethi
(Expert) 02 July 2014
MUMBAI:Mar 13, 2014, 02.01AM IST times of india
Maharashtra chief minister Prithviraj Chavan has in principle approved the mobile tower policy for Maharashtra and the final notification is likely to be issued anytime this month, sources said.
Sources stated that the policy does not give approval for mobile tower installations atop hospitals, colleges and schools. However, objections have been raised by the TERM (telecom enforcement and resource monitoring) cell of DoT in Mumbai on this condition.
"It is far more practical to impose restrictions on the basis of radiation levels exceeding permissible limits instead of posing blanket restriction based on criteria of distances or type of locations (e.g schools/colleges etc.)," the letter written by M Biswas of TERM Cell, Mumbai said. However state officials said the state policy did not touch the distance criteria for towers based on radiation levels saying that it was totally DoT's prerogative. "State is just saying that these towers should not be atop or in the close vicinity of colleges, hospitals and schools. State has all authority to decide the type of buildings or structures which should not get the towers," they added. According to experts in the telecom industry banning towers on certain buildings was absolutely unnecessary and impractical too. "There is no need for such precautions as radiations have already lowered to such a level that they will never affect the most sensitive people such as pregnant women," they added.
Activists are, however, opposed to mobile towers coming in the close vicinity of hospitals, schools and colleges. "It is a health hazard to the children and patients. We have been opposing the move, and had also informed the state government while they were still finalising the policy. The government should not allow these cell towers, whose power output is more than the prescribed norms, to come anywhere close to educational institutions and hospitals. It will increase the radiation levels in the area and will be a health hazard to patients and students,'' said an anti-radiation activist.
A telecom operator said that there was nothing hazardous about having a cell tower atop a hospital or a school. "The Central norms do not have any such restrictions on the location of towers. Also, the radiation from these towers will not affect those inside the building,'' the operator said.
Former WHO official Mike Repacholi, who was in city recently to inspect cell towers, had told TOI that it was safe to have mobile towers installed atop schools and hospitals.
ajay sethi
(Expert) 02 July 2014
Print ReleasePrintPress Information Bureau
Government of India
Ministry of Communications & Information Technology 4th May 2012
Radiation from Mobile Phone Towers
The Government today informed that as per the self certifications submitted by telecom service providers, and sample checks conducted by the DoT, the existing level of electromagnetic radiation from mobile towers in the country is within the prescribed limits.
Further, based on the recommendations of the Inter-Ministerial Committee on radiation, norms for exposure limit for the Radio Frequency Field (Base Station Emissions) has been reduced to 1/10th of the existing limits prescribed by ICNIRP. Effective date of these directions, which was initially 1st April 2012, has been extended to 01.09.2012.
The World Health Organization (WHO) in its 2006 Fact Sheet on Electromagnetic Fields (EMF) and Public Health had stated that “International exposure guidelines have been developed to provide protection against established effects from RF fields by the International Commission on Non-Ionizing Radiation Protection (ICNIRP, 1998) and the Institute of Electrical and Electronic Engineers (IEEE, 2005). It further said, national authorities should adopt international standards to protect their citizens against adverse levels of RF fields. They should restrict access to areas where exposure limits may be exceeded’. Based on the WHO recommendation, different countries have adopted their own EMF norms”.
Department of Telecommunications has adopted the International EMF norms in the year 2008 in respect of mobile towers prescribed by International Commission on Non-Ionizing Radiation Protection (ICNIRP) and licenses were accordingly amended. Most of the countries have adopted ICNIRP norms; however, some of the countries have adopted stricter norms.
Accordingly, all the Cellular Mobile Telephone Service (CMTS)/ Unified Access Service (UAS) licensees have been directed for compliance of the reference limits/ levels prescribed by ICNIRP by way of self certification of their Base Transmitting Station (BTS) for meeting the EMF radiations norms. At present, for 900 MHz, permissible Power Density is 4.5 Watt per Square meter, whereas for 1800 MHz permissible Power Density is 9 Watt per Square meter.
As per the existing policy for installation of towers, Wireless Planning & Coordination (WPC) wing of DoT issues siting clearance for installation of mobile towers for each and every site from the point of view of interference with other wireless users, aviation hazards and obstruction to any other existing microwave links.However, siting clearances of DoT are issued without prejudice to other applicable bylaws, rule and regulations of local bodies such as municipal corporation, Gram Panchayat etc. Accordingly, before installation of tower, the telecom service providers have to obtain necessary clearances from concerned local authorities/ State Government bodies also. Various local bodies/State Government have formulated their own policy regarding grant of such permissions for installation of mobile towers.
Further, based on the recommendations of the Inter-Ministerial Committee, DoT has constituted an internal committee to formulate uniform guidelines at national level to enforce restrictions on establishment / setting up of BTS towers.
T. Kalaiselvan, Advocate
(Expert) 03 July 2014
If the tower was erected with prior permission or the concerned authorities, it will be meaningless for an individual to oppose the presence of the same near the vicinity of his house. Gather like minded affected people in the surrounding,create a ground for objection, make a proper representation about your concern and objection to it with the authorities, after which you can think of legal action through court of law.
