Sunday, February 28, 2010

Information from various state authorities

As per Hon’ble High Court orders in W.P. No. 23228 of 2007, Dated 31-12-2007.

In Andra Pradesh, TEC (Tower Erection Compnay)
1. shall obtain necessary approval of the Air Traffic Controller, Airport Authority of India.
2. shall take special precaution for fire safety and lightening etc
3. shall furnish a legally valid undertaking that they are solely responsible for any damage to the building and for public safety.
4. shall furnish NOC from the surrounding building owners, and also from the concerned building owner in case of rooftop installations.

All the Commissioners of Municipal Corporations and Municipalities and Vice Chairmen of Urban Development Authorities in the State are further directed to inspect all such land based and rooftop installations with in their jurisdiction and in case any such structure is found endangering the building or the lives of the residents, action shall be taken, in accordance with law to remove such structures.

Order issued vide Endst. No.26/6/22-UTFI(3)-2004/388-390, DT. 14.1.2005 BY Chief Administrator, Chandigarh.

In exercise of powers conferred under Section 4 of the Capital of Punjab(Development and Regulation)Act, 1952 the Chief Administrator, Chandigarh hereby allow relaxation of Building height prescribed in the Punjab Capital(Development and Regulation)Building Rules, 1952 for the installation of Mobile Telephony Towers and other related technology in non residential Buildings in Chandigarh on payment of one time non refundable permission fee of Rs.1.00 lac(Rupees one lac) per site and in case the site is shared by other cellular operators and additional amount of Rs.50,000/-(Rupees fifty thousand only), per sharing can be charged, with immediate effect subject to other usual terms and conditions.

The installation of towers shall be subject to following terms and conditions:-
1. Mobile or wire-less telephone towers shall only be allowed on non-residential buildings of the Chandigarh Administration.
2. The towers shall be shared by at least three mobile companies and the Cellular Operator (hereinafter called operator) shall put up mono-pole towers on/in of the institutional premises. All the three operators shall obtain separate permission from the Administration after obtaining the consent of the company which has erected the tower on such terms and conditions which the Administration may decide on case to case basis.
3. Total height of the pole from ground zero shall not exceed 30 mtrs. If it is coming on the roof top of the building, the height of the building shall be reduced by permissible 30mtrs.
4. The size of generator room shall be 11.49 mtrs * 7.06 mtrs. Including the area of pole and shelter room and its components. The generator shall be noiseless and shall confirm to all norms fixed by environmental laws and guidelines.
5. The final permission for installation towers shall be granted by the Single Window Committee headed by the Finance Secretary and consisting of Estate Officer, Chief Engineer, Chief Architect, Chief Fire Officer/MC and head of the office of the concerned building.
6. Any operator, duly approved to carry out its operations by the Govt. Of India , shall apply to Chief Architect, UT Chandigarh with all required relevant documents and undertakings. The Chief Architect shall circulate the request to all concerned members of the Single Window Committee for their report within 10 days failing which it shall be presumed that they have no comments to offer and the matter will be placed before the Finance Secretary by Chief Architect for placing it before Single Window Committee.
7. The Single Window Committee shall be competent to lay down various guidelines as deemed appropriate from time to time.
8. After approval of the Single Window Committee, the application will be sent to the Plan Approval Committee for issuance of formal orders and consequent to that the Assistant Estate Officer, UT Chandigarh (herein after called the Lessor) will sign the rent deed on behalf of the Chandigarh Administration for a period of 5 years and can be subsequently extended in future for 3 years each on such terms and conditions which shall be decided by the Administration at the time of every renewal.
9. The site shall be used only for setting up the towers and generator room. No commercial activity at site shall be permitted.
10. The rent/lease money to be paid by the person/company which will get the permission to erect the pole if the person/company, who has put the tower fails to pay the lease money to the Administration within 15 days from the expiry of the due date , the Administration shall be free to disconnect the essential services to the tower and remove the pole without giving any prior notice. The rent will be prescribed on case to case basis by the Finance Department because there cannot be a fixed rent as the area and location will keep on varying. The rent shall increase by 5% every year.
11. Apart from the person who gets the permission to erect the pole all other operators who will use the pole shall also have to take separate permission from the Administration after obtaining the consent of the company, which has erected the tower on such terms and conditions which the Administration may decide on case to case basis.
12. Whatever taxes, levies etc. Which are levies etc. Which are liveable by any Govt. Or by any statutory authority, shall be payable by the operator.
13. The operator allowed the use of space for the tower shall abide by all building bye-laws and such other laws governing use of space and erection of tower
as applicable from time to time in Chandigarh. In addition the Chief Administrator, Chandigarh shall be competent to issue any such directions as deemed fit which the operator shall abide. The operator shall have comprehensive insurance policy at its own cost for all such structure which they will be putting and raising and by any circumstances if any damage is caused to any person or property because of the tower, machine room, generator room etc. Erected by the operator. The operator shall be solely responsible for paying all kinds of compensation and damages and shall be solely responsible for civil or criminal case arising there from.

The Mobile Towers are allowed in all the zones except public utility. However, cellular Operators are advised to avoid residential area. Every cellular Operator has to submit structural stability certificate from reputed institute, regarding steel structure and foundation. Maximum height of the tower from the ground level is not allowed above 60-metre and the applicant needs to submit clearance from Statutory Advisory Committee for Frequency Allocation (SACFA), Ministry of Communication and Information Technology, Government of India. The companies need to submit indemnity bond indemnifying DTCP against any loss of life/property in the event of mishap. The permission for setting up of communication tower is co-terminus with the period of lease agreement.
MCD against cell phone towers in residential areas
In foreign countries, no such mobile towers are visible as they are using the latest technology
Published on 02/10/2010 - 10:49:18 AM
New Delhi: The Municipal Corporation of Delhi (MCD) Tuesday cleared a new policy for erecting cell phone towers in the city, and said no towers would be allowed in residential areas unless there is no alternative.
It also gave a month's time to service operators who have erected cell phone towers without permission to apply for regularisation.
An MCD sub-committee on framing the policy on erection of cell phone towers submitted its report Tuesday. The recommendations were accepted at a meeting of the MCD's apex standing committee.
According to the MCD, the national capital has around 2,500 illegal towers that give access to various telecommunication service providers. Around 900 have been served notices while for the rest the MCD's permission is awaited.
The sub-committee recommended that least priority should be given to cell phone towers on residential buildings and in group housing societies.
"In case of residential buildings, it shall be certified that no other alternative is available with the service provider. In case of a group housing residential building, an NOC (no objection cerificate) from all the occupants of the housing block along with the NOC of the society would be required," the recommendations said.
For getting a no-objection certificate (NOC) for a cell tower, the telecom providers will require "a recommendation letter by COAI (Cellular Operators Association of India) to the fact that the proposed tower is essentially required at the site as the nearest tower of this company is existing at a distance and no sharing of tower with other company is available".
The service provider will also have to submit that the proposed tower is not harmful to the health of nearby residents.
The sub-committee recommended that towers "shall only be permitted on regularized buildings and the service provider company shall provide third-party insurance".
A fee of Rs5,00,000 would be charged per tower and Rs1,00,000 per service provider in case a tower is being shared by different companies. Towers more than five years old will also require a renewal within a month.
"The operators, who have erected cell towers without permission, shall apply to the MCD for regularisation within one month as per earlier policy in force prior to implementation of this new policy. In case of non-compliance, action for removal of such towers shall be initiated as per law," an official statement said here.
The committee observed that cell phone towers are damaging the city's skyline.
"In foreign countries, no such mobile towers are visible as they are using the latest technology. Since communication is an essential requirement of the society, the existing mobile towers cannot be demolished or sealed immediately," the statement added.


  1. Dear sir,
    Kindly let us know rules and regulations for mobile tower installation in Uttar Pradesh. In front of my house a mobile tower of Videocon Telecommunications has been installed but due to public protest Generator could not be installed. This street is just 10-12 feet wide and distance of this tower from my house is less then 3 meter and the pillers constructed on roof are just 2 feet height.This is very congested locality where one girls inter college and several basic education schools are located. Electric Line is about 20 feet far away from this tower. (

  2. Respected Bahin Km.Mayawati ji
    HerHighness Chief Minister of U.P.
    To my dreadly dismay,I, a resident of VILL-lutson,Distt-Hathras,U.P.,submit that M/S Bharati Airtel,have installed & put in operation a hazardous R.S.telecom tower in the residential area of my village under reference, dominated by Jatavas(S/CS) thru encroachment of my land in my absence& without my consent, as their permanent right of way to the tower for running their telecom business with no regard as to the grim perils & devastating loss to the persons living nearby & public property ,MORE PARTICULARLY MY RIGHT & INTEREST FOR PROPER USE OF MY LAND IN THE MANNER ,I LIKE.
    It is requested that in public interest, the tower may kindly be shifted 500 meter far away from its present location with award for financial &physical injuries caused to me. (

  3. FROM WEST BENGAL CHANDANNAGORE :Dear Sir, I am the owner of a 20 years old re-sale flat in Niltaru Housing Complex P.O.Chandannagore Distt: Hooghly Pin:712136 WestBengal.The Board of Managers of Niltaru Housing Complex Owners' Assoaiation(Registered under The WestBengal Apartment Ownership Act-1972)installed a heavy weight battery room & mobile-tower equipments over the roof top of the said Flat without the consent of my previous owner & me also . Now that battery room & mobile-tower equipments creating vibration. How can I live with my child & wife? I complained District Magistrate & several Organisations,but no result.Plaese help.[]

  4. To
    The pressident of india
    Ministry of telecom
    Ministry of urban development /ministry of communication , and all concerned

    deparments /authorities government of india
    cm -state of up/

    Dear sir,

    In front of OUR houses situated in the state of U P varanasi

    corporation ward - Bhelupur street saryanandan dashmi (kabadi house of

    tower)a mobile tower of BSNL,RELIANCE,VODAFONE,TATA TELE,aircel etc

    has been installed WITH GENERETOR and under 50 meter area sevral other

    un lawfull towers intalled on unlawfully constructed buildings .

    This streetSARAYNANDAN DASHMI is just 04 -05 feet wide and

    distance of this tower from our houses is less then 4 meter and the pillers

    constructed on roof are just30 feet height.

    This is very congested locality /ressidencial area ,where several

    basic education schools are located.

    Electric Line is about 10 feet far away from this road / tower.

    Mobile tower highly dangrus and above mobile tower installed

    without true real legal permission and liable for removal it self .
    so it is requested that please set up an high lable enquairy call all

    relivent records of building permison , map and guid lines of tower installation

    and ensure removal of above un law full tower .

  5. deear sir /mam i m from chandigarh plese tell me where can i contacct for instalation of tower any company i ahve many space plese tell me my contact no is 9779712653 and email id is

  6. To
    The pressident of india
    Ministry of telecom
    Ministry of urban development /ministry of communication , and all concerned

    deparments /authorities government of india
    cm -state of up/

    Dear sir,
    we are living in beawar rajasthan a mobile tower of reliance is there it is in the 100 mt area of our house so it is my heartly request to take serious and lawful action our address is "kanther sadan" near geeta bhawan outside nehru gate beawar - 305901 rajasthan
    thank you

  7. Government has has brought Mobiles to India,but it is not clear to me where is infrastructure ?
    It like first what egg or chicken ?
    Tower are erected haphazardly ?
    In absence of clear cut guidelines and Established authority it is mess !!

  8. Dear Sir,
    I want to know its complasary cellular operator take NOC from fire safety department

  9. if there are couple of towers installed on the terrace of my building..who is supposed to get d rent paid foe these towers..the person to whom that part of terrace belongs or the society?? id is