"Tribal Areas Facing Inadequate Bandwidth Issue": Himachal Pradesh High Court Directs BSNL To Use Latest Solar Panels

The Bench of Justice Tarlok Singh Chauhan and Justice Chander Bhusan Barowalia noted that one of the major issues of inadequate bandwidth and/or broadband signal is the erratic supply of electricity in backward and far flung areas of the State, more particularly, the tribal areas.

The Court was informed by the official of the BSNL that even though they have solar back up but the same is based on outdated and obsolete technology using Lead Acid Battery (Vral Battery).

Therefore, in the given circumstances, the Court observed:

"Old and outdated technology needs to be phased out gradually and the batteries need to be replaced by Lithium-Nickle Cobalt-Aluminium (NCA) Lithium-Nickle-Magnese-Cobalt (NMC), Lithium-Iron-Phosphate batteries or any other batteries with latest technology in a phased manner."

The Court also found that rates for laying cables in the State are the highest in the Country at Rs.1600/- per metre, thus, the State was granted four weeks' time, to apprise the Court regarding this aspect of the matter.

Further, the Court observed that the State has formulated Right to Way Policy, 2021, which envisages the establishment of online portal.

Thus, the Court asked the State to ensure that such portal is to be set up at the earliest and in no event later than on or before next date of hearing.

Importantly, the Court was further informed that despite the judgment rendered by the Court in Vijay Verma vs. State of H.P. (CWP No. 8283 of 2012) and other connected matters, wherein it was clearly held that the telecom towers do not emit radiation which can be termed to be 'harmful' yet.

"Many of the Courts are still passing restraint orders only because the plaintiffs therein have alleged that the setting up of towers emit harmful radiations," noted the Court.

Lastly, the Court remarked that when the issue had already been covered under the judgment passed by the Court in Vijay Verma's case, how such suits were being entertained and thus, the Court called for the records of the cases in that context.

The Himachal Pradesh High Court earlier this month questioned that when the entire world is proceeding or has rather switched over to 5G technology, why the BSNL is still trying to procure outdated equipment of 4G.

The Bench of Justice Tarlok Singh Chauhan and Justice CB Barowalia was hearing public interest litigation (PIL) petition filed indicating the plight of the residents of the rural and backward areas state in the matters regarding Internet services.

When the Counsel of BSNL said that BSNL had already called for tenders for the supply of 4G equipment but the same could not be finalized because of the objections raised by various authorities of the government, the Court said:

"We are surprised to note that the entire world is proceeding or has rather switched over to 5G technology, why the BSNL is still trying to procure outdated equipment of 4G. Why public money is sought to be wasted, is a matter of concern both for the public as well as for this Court."

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