Mobile tower on our industrial premises
Dear Sir, We are the top floor tenant in an industrial building in Mumbai, the new landlord has initiated a process of installing a mobile tower on the terrace right above us. Having read various hazards of having a mobile tower in such close vicinity, we are skeptical about the same.
We have heard that the NOC from top floor occupants is mandatory for installation of such towers, is it true? Is it also applicable incase of tenanted property in an industrial building. We are the sole occupiers of this floor,
Asked in Civil Law from Mumbai, Maharashtra
You can file a Suit for Declaration in Civil Court for removing the tower,but it is lengthy process of laws.
Lodge a complaint to the Mumbai Development Authority and State Pollution Control Board then file a Writ Petition in Green Bench of Mumbai High Court or file a Public Interest Litigation in Mumbai High Court.
1) installation of mobile towers makes good business sense to landlord .
2) you can write to BMC opposing installation of mobile tower on terrace .
3) if permission is already granted file RTI application to find out on what basis permission is granted .
4)it is mandatory to obtain NOC from top floor occupants for instllation of towers on terrace
5)relevant extracts of said guidelines are reproduced .it is applicable to ntoo . although industrial units are not mentioned same principle would be applicable .
MUNICIPAL CORPORATION OF GREATER MUMBAI
Chief Engineer Development Plan Department
No.che/D.P./32666/Gen ofREVISED DRAFT POLICY GUIDELINES FOR INSTALLATION OF MOBILE TOWERS IN THE CITY OF MUMBAI
3. (a)The society shall submit on their letterhead signed by office bearer stating that they are submitting herewith atleast 70% written consent of individual members/tenants/occupants of the Building/ Apartments/ condominium/co-operative Housing Societies before installing of Antennae or renewing of the contract/ Agreement. This consent should be submitted to the Municipal Corporation of Greater Mumbai within three months of the announcement of the Revised Policy. The office bearer shall solely be responsible for the documents so submitted for approval.
(b) N.O.C. (No Objection Certificate) within three months of the announcement of the Revised policy" and every year in writing in MANDATORY from the Top Floor Occupants/ Tenants / Residents to install the Mobile Tower Antennae on the Terrace of the Building.
1. Yes, it is mandatory to take written NOC from the top floor occupants of a building while installing mobile tower on its roof top,
2. Send a complaint to the BMC about the said illegal installation of mobile tower.
1. Before applying to municipal corporation for permission to construct a mobile tower the owner of the property has to obtain NOC from the top floor occupants.
2. In addition to above, a certificate from a structural engineer has to be submitted to vouchsafe that the building can withstand the burden of the proposed mobile tower.
3.Before granting permission the municipal corporation has to satisfy itself that radiations to be emitted by the tower will not cause health hazards to the inhabitants living nearby.
4. File a RTI to BMC to ascertain if the above two requirements were met. The grant of sanction by BMC can be challenged in the High Court.
5. In Mumbai, ANYBODY from the Public can make a written complaint about ANY Mobile Tower in ANY building to the zonal Deputy Municipal Commissioner (DMC), giving accurate details along with with the name and address of the building (Society), alongwith some photographs of the Mobile Tower. Consequent to which the DMC shall be duty bound to investigate and initiate the relevant prosecution under the BMC and the MRTP Act. IF the DMC fails to perform his duty, THEN the DMC becomes liable for prosecution under various laws of the land, more so and also under the "Maharashtra Government Servants Regulation of Transfer and Prevention of Delay in discharge of Official duties Act, 2005"
6. Any person from the Public can make a complaint or file prosecution in a court, against ANY mobile tower.
A. Location of communication towers is governed by radio frequency system and cellular operators shall avoid residential areas for erection of the same.
B. According to the new guidelines issued by the Union government in March this year, the mobile towers operators now have to provide details such as location map, key plan, site plan and other plans related to the installation. "The operators have to check about the authorization of the buildings on which the towers have to be installed. They must get the structural stability certificate of the buildings.
C. The local bodies may also seek submission of the copy of No Objection Certificate (NOC) from Building Owner / entities having roof top rights. Hence, NOC is mandatory while installing Tower. You need to cross verify whether NOC is granted or not?. In case NOC available, you can approach the Court to give instruction to removal nuisance subject to availability of alternative place in a non residential area which is the vicinity of your place.
If your land lord is agree then it would be tough task for you to prevent the installation of tower. TRAI has made rule in this regard in the manner to support mobile company. one person can't stop the installation of tower. TRAI said if general public of concerned area is agree then tower may be installed. but you can challenge the improper installation of tower. so first you should get details guidelines from TRAI regarding installation of tower on terrace. some rules regarding Building/Structure safe distance from the antenna at the same height are :-
1 antenna 20 meter
2 35 mt
if there is any irregularity you should complaint it before TRAI and in court. TRAI has made a rule that if BTS Tower is installed in violation of rule then it can be removed. TERM Cells of DOT is the authority to inspect towers.