No Stay On Erecting Mobile Towers On Residential Structures, High Court Directs Punjab Govt To Ensure Installation Only On Safe Buildings
The Punjab and Haryana High Court has directed the Punjab government to ensure that mobile towers are erected only on structurally safe and approved buildings, while vacating the stay on installation of towers on residential buildings."Consequently, it would be open to the respondent- State of Punjab to consider and decide the applications of all Telecom Infrastructure Providers/ Telecom...
The Punjab and Haryana High Court has directed the Punjab government to ensure that mobile towers are erected only on structurally safe and approved buildings, while vacating the stay on installation of towers on residential buildings.
"Consequently, it would be open to the respondent- State of Punjab to consider and decide the applications of all Telecom Infrastructure Providers/ Telecom Service Providers if they are found eligible as per applicable Rules/ Regulations/Instructions/ Guidelines of the Union/State Government with regard to Roof Top Towers. The respondent-State/ Competent Authority would ensure that the Towers are erected only on structurally safe and approved buildings," the court said.
Background
Hearing a petition challenging the issuance of a show cause notice issued to a Mohali resident by the Estate Officer, GMADA calling upon him to remove the mobile tower installed on the roof of his house, the high court on March 03 had directed the state government to not allow installation of towers on the residential buildings till further orders. The court had observed that installation of towers in a haphazard manner may endanger the life and safety of the inhabitants.
Airtel and ATC Telecom Infrastructure Private Limited later approached the court seeking vacation of the stay and informed it that detailed guidelines dated 07.12.2020 have been framed by the State Government in the light of Rules issued by the Ministry of Communications (Department of Telecommunications).
Senior Advocate Sumeet Goel, who represented Airtel, submitted that more than 21,000 telecom towers have been installed and approx 73,310 KMs of optical fibre cable have been laid down in Punjab, "but for rolling out 5G network in state fibre roll-out will have to grow by 04 times which will attract huge investment and generate employment..."
Since the prayer for vacation of stay was not opposed by the State government and Centre, the court on April 8 kept its earlier order in abeyance.
However, the Court directed the constitution of a Panel to monitor all the activities pertaining to erection of towers in the State of Punjab during the pendency of the petition. The panel was to ensure that no activity in violation of 2016 Rules or Instructions was undertaken.
Punjab Seeks Clarification
Since confusion continued to prevail in the state, the Punjab government recently filed an application seeking clarification whether the stay has been vacated only in respect of Airtel and ATC Telecom. The court was told that many Telecom Infrastructure Providers have approached the State that their applications for setting up of over ground telecom infrastructures are not being considered and approved by the competent authorities. Only Airtel and ATC Telecom's applications were being considered, the State submitted.
It was argued before the court that because of the likely launch of 5G services in the State, it is important to urgently strengthen the telecom infrastructure in the state. The Centre also told the court that the matter is now regulated by the 2016 Rules and it has no objection to the installation of mobile towers in strict compliance with the relevant Rules and Regulations.
The division bench of Justice Harinder Singh Sidhu and Justice Lalit Batra in the order dated November 24 clarified that though the order dated April 08 was passed on Airtel's application, "from reading of this order, it does not appear to be limited only to respondent No.3. Nor is there any such limitation in the orders dated 13.09.2021 and 14.12.2021 whereby again the order dated 03.03.2021 was directed to be held in abeyance".
"Considering the aforesaid and in continuation of the previous orders dated 08.04.2021, 13.09.2021 and 14.12.2021 the interim order dated 03.03.2021 directing the State of Punjab not to allow installation of mobile towers on residential buildings is vacated," said the bench.
However, the court said that the panel constituted vide order dated 08.04.2021 would continue to monitor the activities pertaining to erection of towers in Punjab strictly in terms of the directions contained in that order.
Title: Simarjeet Singh V/S State of Punjab and others