• Mobile Tower Removal-installed on 4 story building without no support / Doubt on strength stability

Mobile tower installed on 4 story building of (360 sq. ft) just attached with my house back wall. My house is only 1 story building, Tower building front side is road, left side vacant plot and right side 1 story house. Tower 1 antenna is in my air area, I want to tower removal complaint or shifting it to 2-3 ft in tower landlord area, I have doubt on building strength and stability to tower weight. i have concern of me and my family security any mis happening during earth quake and air blow. 

1. The Reliance Jio Mobile Tower installed on the roof top of Mrs Poonam Devi W/o Sh
Sanjay Kumar, Property Known as H.No.-532, Gali No.-10, Mauja-Agwanpur, Colony Ajay
Nagar, Near Shiv Mandir, Faridabad, Haryana-121013 is approved from Municipal
Corporation of Faridabad.Please provide certified copy of approval and permission letter
2. Before the erection of this tower was the structural stability of the building was checked
thoroughly and verified according to the TRAI instructions or not. If there are structural
safety certificates received from the nominated body, which are installed on the above
mobile address, then a copy of the certificate required
3. Please state whether the consent was taken from the owners of adjacent houses and
nearby residents before the erection of this tower. Consent (NOC) has been taken from
people living near the mobile tower at the above address, if consent has been obtained,
then which ones are taken, a copy of their consent (NOC) required
4. Please state whether the mobile tower installed on the above address, adheres to all the
guidelines, please provide all the information
5. Tower was installed at huge residential area, so kindly provide copy of all approval taken
from concerned departments
Asked 1 year ago in Constitutional Law

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16 Answers

File RTI application and obtain copy of sanction letter from muncipal corporation 

 

2) issue legal notice to Mrs. Poonam Devi to furnish copy of documents mentioned by you herein above 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

You need to first obtain copy of tower permission obtained from muncipal corporation 

 

2) further other documents on basis of which permission has been granted 

 

3) then only file writ in HC 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

Contact a local lawyer for filing writ petition in HC 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

Why didn't you objected when tower was installed ? You have to approach High court for relief.

If you have not given consent than pray in HC to remove Tower 1 antenna is in my air area. Constant threat.

Approval documents, file of installation, you can obtain from municipal office.

 

Yogendra Singh Rajawat
Advocate, Jaipur
21482 Answers
31 Consultations

4.4 on 5.0

First you need to ensure that corporation takes action on the said issue if not then writ petition is only way out for speedy resolution

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

From your query we can by no means comment whether it was installed as per TRAI guidelines or Municipal sanctions. 

So to know the legalities on its installation you need to send RTI application seeking such information. 

If you find discrepancy then only you can file writ petition. 

By the way cleaning drooping of birds is not human rights violations. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
390 Consultations

5.0 on 5.0

If the mobile tower has been attached to the backside wall of your building without your consent or permission, you can issue a legal notice to the company which installed the tower with the support of your building to remove the same immediately owing to the precarious prevailing condition to the inhabitants of your building.

If there is no response from the mobile company, you may drag them to the civil court withy a suit for mandatory injunction to remove the same from the vicinity of your house  so that you can live peacefully in your house without the fear of the tower falling upon your house in case of heavy wind or earthquake.

 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

This you can consider as civil nuisance also.

Hence you may make this grievance also in your pleadings in the suit for mandatory injunction suggested to you to file against the company.

 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

The building owner do not want to lose his revenue due to the installation of the tower.

However you dont be lenient to this.

You can proceed to file a civil suit for mandatory injunction to remove the tower from the vicinity of your house for the said reasons.

 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

File a specific performance suit against the owner for removal of the tower 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

you can file a complaint to the TRAI (Telecom Regulatory Authority Of India) enumerating therein your grievances and the problems that the tower is causing to you and the general public at large.

Justify your grievance with supported documentary proof and pray for the removal of the said tower for any other relief that you seek.

You should get your relief from them as all telecom services are registered with TRAI and operate under its control.

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
32 Consultations

4.5 on 5.0

You can move the High Court under Article 226 to get the relief sought by you. The wide discretion given to the court under the aforementioned provision grants them the power to make any such order for Removal.

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
32 Consultations

4.5 on 5.0

Dear Sir/Madam,

You are suggested to first file an RTI application to get the details as required by you and then file the writ petition in the high court for removal of that tower. 

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. You should make application under RTI act to get required details and approvals related to Installation of Tower in your area. 

2. Whether all the guidelines of TRAI was followed or not before installation of tower. 

3. You can also file suit for mandatory and permanent injunction against landlord and reliance for removal of tower on ground of risk involved.

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

As per TRAI, no tower can be installed in any area without the consent of residents of that area. As you have mentioned in your query that there is a continous security concerns and there are chances of future mis-happening, you should file a petition in the court of law seeking directions for the company to remove the said tower from the area concerned. 

Nikhil Gupta
Advocate, Yamunanagar
37 Answers
1 Consultation

4.0 on 5.0

- Mobile phone towers emit electromagnetic rays above the safe limit , and the radiation can cause health risks including memory loss, lack of concentration and digestive disturbances.

- Further, the heavy machines of mobile tower can weaken the base of the building where it is installed and also the adjoining houses as well , and further in case of miss-happening , neighbours life can come under danger . 

- Further , as per law no commercial activity is allowed in the residential area. as the person who allowed to install the mobile tower is getting profits from the said installation commercially.

- Hence, you can lodge a complaint before the Municipal authority, and the higher official .

- If no response, then  you can file a suit for Mandatory Injunction for removing the said tower.

Mohammed Shahzad
Advocate, Delhi
9473 Answers
107 Consultations

5.0 on 5.0

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