Why a mobile tower is being installed in residential area, when municipal laws do not permit the installation ?

A Reliance Jio tower is being installed in my residential area. As per my understanding Municipal laws do not permit its installation. What does the law say? What can be done when even there is no help from govt. body ?

Team Legistify

  • Answered on 02:23 PM, 28 Sep 18

The answer would depend on which state you belong to and whether any policy has been framed for the same. 

For example in Maharashtra there are stringent rules against the same. The policy of the state is clear when it comes to installing mobile towers. The service providers now have to obtain site clearance from the DoT’s Standing Advisory Committee on Frequency Allocation (SACFA) for the point of interference of wireless users, aviation hazards and obstruction to microwave links, the policy states.

Available recourse- 

  1. TRAI is the authority to be approached for any grievances against illegal towers and other issues.
  2. Alternatively it is advisable for a quick remedy to approach the Civil Court in your local jurisdiction for a quick temporary injunction.
  3. You can go into a civil suit also to get relief under Municipal laws and guidelines and also on account of laws relating to nuisance and other co relating laws. By nuisance I mean all aspects as regards the emission of radioactive waves etc. which are certainly going to effect the body of persons living in residential areas.
  4. One can opt to get relief by moving an application or filing a suit for injunction against the company and the Municipal authorities as Municipal laws do not permit such tower setups in residential areas.
  5. There are laws to get the nuisance removed. But this can be better achieved by recourse of civil suit in this regard.

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