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Shabir Chand Katoch (Advocate)     28 July 2009

Mobile Tower

How to get rid of Mobile Tower which continuingly making sound in my neighbourhood and made my life misserable.

any other ground other than civil suit under sec 133 CrPC



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 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     28 July 2009

You have to file a suir for mandatory injuction against the comapny, it is better to file public interest litigation.  U have to show the causing distrubances and the bad effects of the mobile tower.

Vishwa Bhushan Arya (Service)     28 July 2009

In Delhi, Municipal Corporation has made its bye-laws for installation of Tower.  That requires certain features as well as there are certain restrictions including near school / hospitals and a specific distance from house.  You may, file a writ petition under Art 226 against your state for removal of such towers in absence of any rules to regularise or seek framing of some rules or policy for such towers so that such towers do not have health hazards.

Vishwa Bhushan Arya

aruntrivedi (lawyer)     02 August 2009

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.For noise pollution you can approach State Pollution Control Board under environment laws.

 
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