Procedure To Oppose Erection of Mobile Towers

PROCEDURE TO OPPOSE ERECTION OF MOBILE TOWERS
Milind Bembalkar,
Parijat, Guru Krupa Colony,
Ambejogai Road, Latur 413531
Date: 22.1.2010
PROCEDURE TO OPPOSE ERECTION OF MOBILE TOWERS :

The application complaining about mobile tower may be sent to the concerned Chief Executive Officer
of the Municipality, Concerned Municipal Commissioner, or Sarpanch, Tahsildar, Grampanchayat and
District Collector Office respectively of the area concerned.
The copies of the complaint application may please be forwarded to :
Ward Officer of the area.
Circle Office of the Mahavitaran Karyalaya (Electricity Office) of the area.
The Principal Secretary-1, Urban Development Department, 4th floor, Mantralaya, Madam Cama Road,
Mantralaya, Mumbai 400 032.
District Office of the Environment Control Board.
Officer-inCharge of the local police station.
THE RULES AND LAWS RELATING TO MOBILE TOWERS :
1. The erection of a mobile tower on a residential building violates the fundamental right guaranteed
under Article 21 of the Constitution of India, which deals with the right of citizen to live in peace.
2. Further it is binding on the concerned mobile companies want to erect mobile tower, to ensure that
1.5 times square area in relation to the height of the tower, is free from all safety hazards . (Reference
Pune Municipal Corporation Circular dated 26.11.2007, agenda No. 6/207, dated 27.11.2007 and Order
No. TPS 1806 dated 7.8.2007 of UDD, Government of Maharashtra, Mantralaya, Mumbai).
Illustration:
If the height of the tower is 120 feet (approximately 12 floors of the building), then 1.5 times square
area means 120 x 1.5 = 180 square feet area. The concerned agency is under obligation to obtain NOC
from the people residing in 180 square feet area before erecting the mobile tower.
3. The mobile towers erected without permission from local bodies (Gram Panchayat, Municipality or
Municipal Corporation etc.) are illegal.
Reference: Writ Petition No. 7396 of 2008, Vodafone Essar Ltd. V/s State of Maharashtra & Ors., High
Court, Mumbai. Coram : Bilal Kazi & J. H. Bhatia J.J. dated 12.11.2008.
The Supreme Court of India confirmed the decision of Mumbi High Court and disposed off the Special
Leave Petition (SLP)(Civil) No. 27480 of 2008, Vodafone Essar Ltd. V/s State of Maharashtra dated
28.11.2008.
4. It is binding on the mobile companies to strictly follow the rules & regulations of local bodies and
state government (Reference : Letter No. K-19012/1/RT/2009-CFA dated 18.5.2009 of Ministry of
Transporattion, Sanchar Bhavan, New Delhi).
5. A committee under the chairmanship of Dr. N. K. Ganguly (Director General, Indian Council of
Medical Research, New Delhi) to study :
(a) How to avoid health hazards being caused due to radiations from mobile towers,
(b) What measures should be taken to study and conduct research in the matter,
Was appointed by the Government of India, Ministry of Health & Welfare, New Delhi as per the orders
of the Supreme Court of India in Writ Petition No. 2112 of 2004, Shri Farukh Contractor V/s Government
of India).
The I.C.M.R., New Delhi submitted its report to the Health Ministry, government of India on 29th March
2006. It is laid down in the said report that
a. That, if the height of the mobile tower is 36 meters (120 feet or equal to 12 storied building
approximately), then the people moving/commuting below the tower will not suffer from radiations
but those coming in close vicinity of the tower may suffer.
b. It is further submitted in the report that complaints about insufficient sleep and proper rest,
memory or hearing disorders etc. have been received from the people residing and/or working in the
vicinity of mobile towers and that there is a need to conduct research in the matter, for which,
sufficient funds should be made available.
For want of adequate research in the matter Dr. Ganguly has advised to take precautionary measures.
In short, if there is a possibility of causing irreversible loss by some act or decision, then in the absence
of any scientific evidence, the liability to give evidence shall lie upon the person doing the act or
taking the decision and that the responsibility of taking preventive measures shall also lie on such
person and that the person causing pollution (Radiation, e-smog, Radio Frequency Radiation) will be
liable to pay the compensation (Reference : Vellor Citizen Forum V/s Government of India, 1996(5)
S.S.C.P.P. 246, para 65 and Andhra Pradesh Pollution Board V/s Professor M. V. Naidu 1999(2) S.S.C.
718).
On the basis of precautionary principle, the court in France ordered and caused to remove the mobile
tower erected on a building by the Boigus mobile company on 6th March 2009, because the concerned
mobile company failed to furnish evidence tp prove that the mobile tower is free from all hazards and
safe.
It is observed that the courts through out the world have adopted the principle of Precautionary
Measures in the cases of mobile towers. The Courts & Scientists are always in search of truth but the
only difference between them is that the findings of the scientists may change, the finding may be
uncertain due to inadequate information and therefore, proper analysis of the subject matter is not
possible. On the other hand the courts are required to issue orders and settle the disputes by taking
into consideration the overall welfare of the public in general.
6. The people residing in the vicinity of mobile towers should always incorporate the indemnity term
regarding health and accident, fire due to short circuit, tower collapse etc. and damages, in the
agreement with mobile companies erecting the mobile towers.
The people are advised to think seriously and take appropriate decision keeping in mind their own
health.
Milind Bembalkar
094226-56058 / bemsons@yahoo.com
http://mtgf.blogspot.com.au/2010/10/procedure-to-oppose-erection-of-mobile.html
How dangerous are mobile phone towers in

residential buildings?
Admin Aug 02, 2012 at 07:45 am
0 Comments
The Delhi High Court has taken a step towards reducing the number of mobile
phone towers in residential buildings. A public interest litigation has been issued to
the Delhi government to bar the installation of mobile phone towers on residential
buildings. This move has been made in the light of apprehensions that radiations
from these towers could be carcinogenic. A division bench of Acting Chief Justice
A.K. Sikri and Justice Rajiv Sahai Endlaw also issued notice to the health ministry
and the department of telecommunications. They also sought their response by Aug
9, the next date of hearing. The petition by A.S. Jain said that mobile phone towers
should not be installed on residential buildings and at public places as

recommended by the report of an inter-ministerial committee headed by Prime
Minister Manmohan Singh.
The bench asked the central government to file the panels reports and its
suggestions on the issue. Jains advocate Sugriv Dubey submitted before the court
that people were being misled as he was not getting information on radiation from
the mobile telephone towers. The common man is being kept in dark and the
effects of mobile towers are not being brought to the knowledge of the residents of
the locality where the towers have been installed, and hence large number of
persons are being affected with diseases like cancer and other disease, said the
petition.
Radiation from mobile phone towers causes glioma, a type of brain cancer, as
reported by the committee before the World Health Organisation, submitted Dubey.
The international agency for research on cancer has also established that the
mobile phone towers are very powerful towers causing different diseases to the
persons residing within 50 metres of the mobile towers. The petition also
submitted: The radiation values and norms in other countries are more stringent
and the exposure allowed is much lower but in our country there is no specific rules
and no norms for residential areas, schools, offices, hospitals and playgrounds
have been laid down to stop radiation exposure.

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PROCEDURE TO OPPOSE ERECTION OF MOBILE TOWERS

PROCEDURE TO OPPOSE ERECTION OF MOBILE TOWERS :

How dangerous are mobile phone towers in

should not be installed on residential buildings and at public places as

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