• Removing mobile tower

I want to remove mobile tower  near my resident which has been  there from 12 to 14 years, it causes brain related problem to me and my family
Asked 7 months ago in Civil Law from Meerut, Uttar Pradesh
Lodge complaint with the local Municipal authority.
Lodge complaint with nonpolluting control board as well.
If nothing works then file writ petition in high court.
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
4.9 on 5.0
Has a complaint been made to the district administration in this regard? If yes then whether a notice has been issued to the telecom house and the land owner. Depending on the answers to these questions the residents of the area can file a suit for injunction against the telecom house and also the land owner for the removal of tower on account of the health hazards it poses.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
1)file RTI application with municipal corporation as to whether permission has been taken from municipal corporation for installation of tower in residential area 

2) in 2013 Delhi  HC  had issued directions to center and city bodies to remove towers near schools , hospitals and residential areas 

3) file writ petition  in Allahabad HC for removal of mobile tower 
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
Punjab-Haryana High Court
Kuljit Singh vs State Of Punjab Through Secretary ... on 22 August, 2012
CWP No. 9310 of 2011                                                      -1-

        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH

                                   *****
CWP No. 9310 of 2011 Date of decision : 22.8.2012 Kuljit Singh .......Petitioner Vs.

State of Punjab through Secretary and others .........Respondents CORAM: Hon'ble Mr. Justice Jasbir Singh, Acting Chief Justice Hon'ble Mr. Justice Rakesh Kumar Jain Present:- Mr. Sudesh Sahi, Advocate, for Mr. Sandeep Punchhi, Advocate, for the petitioner Mr. J.S. Puri, Addl. AG, Punjab Mr. Ashwani Talwar, Advocate, for respondent No. 6 (BSNL)

---

Jasbir Singh, Acting Chief Justice (oral) By filing this writ petition a prayer has been made that provisional permission given to respondents No.4 to 7 for installing a mobile tower at House No. 1643, (Block XX) Street No.3, New Prem Nagar, Ludhiana be quashed and directions be issued to the respondents for removal of mobile towers installed in the residential area, Ludhiana and further directions be issued to respondents No. 1 to 3 and 8 not to allow respondents No. 4 to 7 to erect mobile towers in residential areas of Ludhiana.

The issue of erection and removal of such like mobile towers in the residential area and that too without getting any permission from the competent authority, is also sub-judice before this Court in CWP No. 8627 of 2004 titled as Jagbir Singh and others v. State of Punjab and others. The decision arrived at in that writ petition would certainly govern the issue of erection/removal of such towers throughout the States of Punjab, Haryana and UT, Chandigarh.

In view of above, it is not necessary to keep the present writ petition pending and the same is disposed of. However, any interim order passed in this writ petition shall remain in existence till such time the CWP No. 8627 of 2004 is finally decided by this Court. The petitioners in this case are permitted to appear as interveners in the above mentioned petition, if they so desire.

(Jasbir Singh) Acting Chief Justice (Rakesh Kumar Jain) Judge 22.8.2012 Ashwani
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
Rajasthan High Court
Pearl Green Acres Owners vs U O I (Ministry Of Telecom)Ors on 27 November, 2012
    

 ( relevant extracts) 
 
we uphold the impugned bye-laws/policy decision of the State Government and direct:-

(1)	That let the towers from hospitals be removed within a period of two months from today.

(2)	That let towers from Colleges be also removed within two months from today.

(3)	That since State Government has fixed the time for removal of towers within vicinity of 500 meters from the jail premises within six months, let it be implemented within the time prescribed by the State Government in its order and bye-laws dated 31.8.2012.

(4)	That in case any tower is existing near ancient monuments or old heritage building, the removal be considered by the State Government and local authorities concerned examining on facts on individual basis whether removal is necessary within two months from today.

(5)	That similarly, the towers on playgrounds may also be looked into and appropriate action be taken within two months from today.

(6)	That with respect to mobile handsets and issue of clearance for installation of mobile towers, guidelines issued by DoT mentioned above be strictly enforced.

(7)	That public be educated and made aware of different mobile sets in use whether they are as per norms or not. Public be also informed about ill-effects of mobile handsets and towers and precautions which are necessary as per guidelines issued by Dot. In this regard, let steps be taken by DoT and COAI etc. to advertise them by different modes of communications.

(8)	That the State Government and the Local Authorities to take decision on case wise basis with regard to installation of towers in the densely populated areas in accordance with law. Considering individual grievance, they can order removal of dangerous towers which are not established as per norms and are erected without the permission. Thus, we give liberty to the petitioners in the public interest litigation to approach the State Government/Local bodies in this regard.

(9)	That as the regulatory body has been framed by the Central Government in the form of Telecom Enforcement, Resource and Monitoring (TERM) Cells, the Government may consider whether it is appropriate to change its constitution by including the member of general public so as to generate confidence in the public.

(10)	That with respect to constant monitoring etc., requisite directions have been issued by DoT and in the report of Inter-Ministerial Committee which has been accepted by the Government of India be implemented as early as possible.

(11)	That while granting permission for installation of towers, the concerned bodies to consider number of mobile towers in area, what would be the effect on the health of people in case towers are permitted to be erected and to minutely consider various other safeguards.

Resultantly, PIL Petition No.2774/2012 and Petition No.8697/2012 are disposed off with the aforesaid directions and observations and the writ petitions No.17867/2012 and No.18304/2012 are dismissed. The pending applications are also disposed off except one filed by Sudhir Kasliwal as same is to be heard alongwith other pending writ petition. Let a copy of this order be placed in all the files.

(NARENDRA KUMAR JAIN-I), J.                  (ARUN MISHRA), C.J.

Parmar
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
N.K. Parmar, P.S. & Mohit Tak, Jr. P.A.
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
I want to remove mobile tower  near my resident which has been  there from 12 to 14 years, it causes brain related problem to me and my family

You first gather the medical evidence of your health problem created by the radiations of the mobile tower near your home.
 Afterwards, make a complaint with the municipality authorities as well as the health department within your limits. If your complaint has not been finding a solution you can file a suit to remove the health hazard tower from your vicinity.
T Kalaiselvan
Advocate, Vellore
13908 Answers
127 Consultations
5.0 on 5.0
How to remove mobile tower from residential area

You have to approach the local Municipal with the details about the health hazard issues and ask him to remove the same immediately, failing to hear you, the next step is to approach court with an injunction suit.
T Kalaiselvan
Advocate, Vellore
13908 Answers
127 Consultations
5.0 on 5.0
if you have direct evidence to prove that your disease is caused by the mobile tower then you can file a civil suit under law of tort. you should file suit for removing nuisance from the vicinity. contact a good advocate because it is very complex matter and many reports show that mobile tower causes no danger to any human or other living being. 
Shivendra Pratap Singh
Advocate, Lucknow
2706 Answers
41 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
13908 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2706 Answers
41 Consultations
4.9 on 5.0
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0