'Absolute Need Of The Hour': Madras High Court On Erection Of Cell Phone Towers Amidst Covid-19 Induced Online Education/ VC Meetings

The Madras High Court has observed that erection of cell phone towers "to connect India through its length and breadth" is the absolute need of the hour, especially for setting up an effective and robust communication network amidst the Covid-19 pandemic. Justice G. Chandrashekharan, while directing the police authorities to grant necessary protection for installation of cell phone towers, noted that online education and training had become the order of the day amidst physical restrictions arising out of the pandemic.

The Court further noted,

"We have been close to nearly for 16 months so far, due to the prevailing pandemic situation, not in a position to move, interact and do our regular business freely. The situation is that the students are being taught only through online education. Business transaction and official meeting are being held through video conferencing. In fact, the conduct of Court proceedings are being done through video conferencing. Therefore, it is necessary that the information and communication technology network should be expanded for meeting the growing need. Installation and erection of cell phone towers is one of the necessary steps to be taken."

M/s. ATC Telecom Infrastructure Private Limited had approached the High Court as the District Collector failed to pass an order on its application seeking permission to erect transmission cell phone towers. It was stated that in terms of directions issued in the case of SP Loganathan v. Secretary, Government, the District Collectors is required to pass an order as per the rules laid down by the Madras High Court within three weeks from the date of the application.

The Petitioner argued that the delay in disposing of the application puts it to hardship, facing resistance from the residents. Thus, it cannot proceed with the erection of cell phone towers, which is the need of the hour.

Therefore, the Court directed the District Collector to pass appropriate orders on the application filed by the petitioner and granted the petitioner liberty to make proper representation to the police for protection, if any required. On the receipt of such a representation, the Court directed the police authorities to give proper police protection, if necessary, at the petitioner's cost.

Emphasizing the need for an effective and robust communication network, the Court noted:

"The situation is that the students are being taught only through online education. Business transaction and official meeting are being held through video conferencing. In fact, the conduct of Court proceedings are being done through video conferencing. Therefore, it is necessary that the information and communication technology network should be expanded for meeting the growing need."

The Counsel for the State showed a willingness to comply with the order of the Court and pass necessary orders.

Title: M/s.ATC Telecom Infrastructure Private Limited v. Superintendent of Police & Ors.

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