Wednesday, May 14, 2014

Citizen Group Demands of State Policy

C/O PrakashMunshi, Raj Niketan, B G KherMarg, Mumbai 400006 
Tel 23685256   email:

Urban Development Department                                           March 14, 2014
Government of Maharashtra
Mantralaya, 4th Floor
Mumbai 400032

Dear Sir,

Attention: Mr.Manu K Srivastava , Principal Secretary

REF.NO. TPS – 1810/1975/CR  NEW  65/12/DPIUD – 13 DATED OCTOBER 3, 2013

We refer to our meeting yesterday when you handed over to us a copy of the above Gazette published on March 4, 2014 after making amendments to your October 3, 2013 notification.

We are glad that you have incorporated most of the guidelines issued by the Department of Telecommunications on August 1, 2013 to TERM Cells and State Governmentsfor issue of clearance for installation of mobile towers. However points raised in our letter dated November 9, 2013 have not been considered.

We request you to incorporate/amend “Setting up of Telecommunication Cell Site/Base Station and Installation of the Equipments for Telecommunication Network” issued on March 4, 2014 to remove all ambiguity and loop holes in the interest of the
Health of the Citizens of Maharashtra:


2. Definitions –

(c)“Mobile Tower” is a tall structure of a specified height above ground level by the Licensing Authority, made of steel on which antennae are mounted. 

By itself, a mobile tower is not a health hazard as it is simply a structure on which antennae are installed. 

(d)“Mobile Tower Antennae” is a specially designed hardware for radiating the radiofrequency which converts electric power into radio waves, and vice versa. It is usually used with a radio transmitter or radio receiver. It is these antennae which emit EMF radiation.

Antennae will not be permitted to be installed on Brackets “L shaped” or otherwise , but only on Towers at a specified height above ground level.

4. Procedure for Obtaining Development Permission –

(B) The application to the Competent Authority for obtaining the aforesaid development permission shall be accompanied by the following documents -

(c)Notarised consent of the Owner of premises, which shall mean and include consent of the Landlord / Co-operative Society / Condominium shall submit on their Letter Head signed by Landlord / All Office Bearers that they have obtained Written Consent individually from 70% of the Tenants / Occupants/individual members of the Building / Apartments / Condominium / Co-operative Housing Societies, or No Objection Certificate of the lessor in case of a lease hold property before installing of Antennae or renewing of the Contract / Agreement.( By mentioning or you are giving a gateway to the Industry and it is imperative to plug this loophole. )

This consent should be submitted to the Local body within three months of the announcement of the Revised Policy and every year thereafter.
The office bearers shall be solely responsible for the documents so submitted as above.

NOC (No Objection Certificate) within three months of the announcement of the Revised Policy and every year in writing is MANDATORY from all the Top Floor Occupants / Tenants / Residents to install the Mobile Tower Antennae on the Terrace of the Building in addition to the written consent of 70% of the Tenants / Occupants.( Please refer to DoT Guidelines toState Governments Page 2 VIII and also MCGM Draft Policy )

6.Planning norms for Erection of TCS/BS –
(a) (iii) all lands which are designated as open spaces/recreational open spaces/recreational grounds in a sanctioned layout, where such installations shall be permissible only with the no-objection certificate of the concerned Owner of premises, which shall mean and include consent of the registered Co-operative Housing Society who shall submit on their Letter Head signed by All Office Bearers that they have obtained Written Consent individually from 70% of the legal Occupants/plot holders of such layout, subject to the condition that the maximum permissible area for installation of such TCS/BS shall not be more than 5% of such area or 100 sq.mwhichever is less and the same shall be located in one corner of such area.

6.  Planning norms for Erection of TCS/BS –
(d)In case of both ground based towers and roof-top towers, there shall be no buildings right in front of the antenna (e), of equivalent height taking into account the tilt of the lowest antenna on Tower as per details given below:



Number of Antenna(e) Pointed in the Same Direction
Building /Structure Safe Distance
 from theAntenna (e) at the
Same Height (in mtrs)

Provided that the antennae at the same height only are to be counted, as the beam-width of the mobile antennae in the vertical direction is very narrow.
(Explanation – The distance figures in the above Table are based on empirical estimation considering that all the antennae are emitting at their maximum RF power of 20 Watts and exactly in the same direction with the same height.)

There will be only one Tower allowed with a maximum of Six Antennae on one building / wing of building / site ( ) at a distance specified in table above.

The distance and number of antennae condition will be mandatory to be followed irrespective of the existing radiation levels.( This was clarified by you )

(Explanation – If there are 6 antennae at a distance of 10 meters with a radiation level of 150 milliwatts/sq.m., this would be termed as violation of the regulation although the radiation level is below the radiation norm specified by DOT of 450milliwatts/sq.m for 900MHz.)

Provided further that above norms shall automatically stand revised as per the latest guidelines issued by the DOT from time to time.

There will be a ban on installation of Antennae on Sidewalls of Building and Terrace walls of Buildings with Retrospective effect.

6.Planning norms for Erection of TCS/BS –
(f) Installation of Base Station antenna(e) shall not be permissible within the premises of schools, colleges, hospitals as well as on the adjoining land/building within 3 mtr. from the boundary of premises of schools, colleges and hospitals. Also antenna(e) shall not be directed/positioned towards any school/college/hospital building.

In case of distance being more than 3 mtr. the number of antennae/distance table as given under clause 6 (d) will be applicable. ( This was clarified by you )

We have other issues which we would like to discuss personally with you so that there are no loopholes which can be used by the Industry to circumvent the Regulations .

We request you to please form and implement the Public Grievance Committee at the soonest and inform the General Public indicating the Committee’s Jurisdiction , Terms of Reference  and composition.

Announcing the Policy is work half done.

The Policy has to be implemented and monitored and this should be done professionally.

We request you to initiate action with the BMC / High Court of Mumbai to lift the Stay Order now that a clear Policy has been issued by the State Government.

We have suggested a joint meeting with BMC Municipal Commissioner and all Ward Assistant Municipal Commissioners with the Urban Development Ministry officials , TERM Cell Mumbai ,and Citizen Group representatives to clarify all points of the State Policy so that all are clear with the Regulations and there is no ambiguity and no loop holes to escape the Regulations.

We have Signatures of about 5000 Citizens who are wanting that Government goes on the Precaution route and “ Be Safe rather than Suffer “which we will hand over when we meet.

We will take up once again with the Ministry of Communications and Information Technology , Central Government on the unjustified and unscientific norms of Radiation , Power transmission and Distances / Number of Antenna which are presently Harmful to the Health of Indian Citizens.

Citizen Groups will be willing to co-operate and offer their support to the Government and Local Body to help Reduce Radiation Levels and implementa  Citizen friendly State Government Policy covering our above amendments .

We seek an appointment with you in the next week to discuss in person our views and comments on the State Government Policy. Please advise.

Yours sincerely,
cc:   ShriPrithvirajjiChavan , Chief Minister , Mumbai
ShriMilindDeora , Minister of State ( C & IT ) , Delhi


1.      Schedule A Page 4 Clause 3 Para 2

             You are aware it is possible to delay matters beyond 60 days to seek deemed
approval. What control measures are there to prevent such instances ?

2.      Schedule A Page 4 Schedule A Clause 4 ( c ) and Page 7 Clause 6 (iii)

              Please delete the word or and make consent of 70%  mandatory as indicated in our
Letter March 14, 2014 page 2.

3.      Why is there no NOC required for single pole antennae or cellular signal boosters ?

4.      Why is there no limitation on number of Cabins and area limitation of 20 square meters as required per DCR 35(3) (xv). Please refer to copy of corrected Gazette  03/10/2013 handed over personally to Mr.SunilMarale.

5.      In case of Pole Mounted Antennae there should be an additional condition “ No Residential/ Office / Work Place should be directly in front of wall / Pole mounted Antenna “

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