CITIZEN GROUPS OF MUMBAI
C/O PrakashMunshi, Raj Niketan, B G KherMarg, Mumbai 400006
Tel 23685256 email: firstname.lastname@example.org
Urban Development Department April 5 , 2014
Government of Maharashtra
Mantralaya, 4th Floor
Attention: Mr.Manu K Srivastava , Principal Secretary
MOBILE TOWER ANTENNAE – INSTALLATION POLICY
OUR MEETING MARCH 27, 2014
We thank you for your time to discuss the concerns of Citizen Groups of Mumbai
on the Maharashtra State Government’s Mobile Tower Policy .
We appreciate the action now proposed to be taken by you on our correspondence ending with March 25, 2014. We suggest a Stay on the implementation of the announced Policy till all concerns of Citizens are attended :
You will incorporate our suggestion to add the definitions of “ Mobile Tower “ and “ Mobile Tower Antennae “ after discussing with Department of Telecommunications , Ministry of Communications & Information Technology, New Delhi.
(Gazette Copy March 4, 2014 Schedule “ A “ Clauses - 2 ( c ) and 2 ( d ) to be added)
2. DEEMED APPROVAL
You have clarified that The Maharashtra Regional and Town Planning Act , 1966
( as modified upto July 31, 2011 ) sections 44 and 45 clearly mentions that the “Deemed Approval”of the Permission requested , if replies not received within 60 days has to be strictly in conformity with the requirements of all the relevant Development Control Regulations framed under this Act or Bye Laws….. and therefore there is no escape route available to the Applicant Operator or Infrastructure Provider.
( Copy of relevant sections of the Act were handed over to me. Enclosure 1 )
( Gazette Copy March 4, 2014 Schedule “A “ Clause 3 clarified )
3. MANDATORY CONSENT FROM 70%
OF TENANTS / OCCUPANTS / INDIVIDUAL MEMBERS
We have explained you the loophole in the Clause mentioned in the Gazette of March 4, 2014 due to the unnecessary addition of the word “ OR “ in Schedule “ A “ Clause 4 (B) (c) and requested you to please replace the Clause 4 ( B ) ( c ) with :
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.
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.
4. REDUCED RADIATION LEVELS WITH LIMITATION OF ONLY
ONE MOBILE TOWER PER SITE
We have reiterated that Citizens are interested in only REDUCING HEALTH HAZARDS DUE EMF RADIATION FROM MOBILE TOWERS / ANTENNAE and not in REMOVING MOBILE TOWERS OR CAUSING HARM to the Cellular Industry.
In view of the jurisdiction of fixing of EMF Radiation Norms not being with State but with DoT , the only way the State can reduce the Radiation levels is by restricting the Number of Mobile Towers / Antennae per site .
We have brought to your notice that the Radiation levels can be reduced only by Reducing Power Output from Antennae or Increasing the Distances of the Antennae from neighbouring Buildings which is impossible in a dense city like Mumbai , Pune or Nagpur.
Considering these limitations we suggest you add the following Clause under 4 ( B )
after discussing with Department of Telecommunications , Ministry of Communications & Information Technology, New Delhi.
There will be only one Mobile Tower allowed with a maximum of Six Mobile Tower Antennae per Site and a maximum of only 2 Antennae in any one direction, at an angle of 120 degrees from the other Antennae ( C.S.number to be specified ). The distance and number of Antennae condition will be mandatory to be followed irrespective of the existing radiation levels measured .
(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.)
There will be a ban on Installation of Antennae on Sidewalls of Buildings and Terrace Walls of Buildings with retrospective effect.
Provided further that above norms shall automatically stand revised as per the latest guidelines issued by the DoT from time to time.
5. MANDATORY APPROVAL OF TOP FLOOR OCCUPANTS
We have brought to your notice the DoT Advisory Guidelines to State Governments
Dated August 1, 2013 Page 2 Clause VIII and also MCGM Draft Policy September 11, 2013 which seeks to protect the Health of Top Floor Occupants who aresuuceeptible to Health Hazards from Radiation.
Approval from Top Floor Occupants should not pose a problem if the One Tower policy of a specified height of 5 meters above the Terrace Floor level and maximum number of Antenna specified under Point 4 above is implemented. You have agreed to take this up with DoT.
Considering the Health problems already faced by the Top Floor Occupants we suggest you add the following Clause under 4 ( B ) after discussing with Department of Telecommunications , Ministry of Communications & Information Technology, New Delhi.
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.
6. ERECTION OF MOBILE TOWERS ON OPEN SPACES
We have explained you the loophole in the Clause 6 (a ) (iii) mentioned in the
Gazette of March 4, 2014 due to the unnecessary addition of the word “ OR “ in
Schedule “ A “ Clause 6 (a ) (iii) just as in the case of Clause 4 (B) (c) and
request you to please replace the Clause 6 (a ) (iii) with :
(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 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.m whichever is less and the same shall be located in one corner of such area.
7. BAN ON INSTALLATION OF MOBILE TOWERS ANTENNAE ON AND NEAR SCHOOLS / COLLEGE / HOSPITAL BUILDING
We have brought to your Notice that the Clause banning Installation of Mobile
Tower Antennae on and near Schools / Colleges / Educational Institutions /
Hospitals was initiated and suggested by the Inter Ministerial Committee in
January 2011. In view of this many States and Local Bodies have incorporated
this in their Regulations.
We suggest you replace Clause 6 (f ) mentioned in the Gazette of
March 4,2014with the following clause to remove all ambiguity and leaving no
loopholes to the Industry to escape the Regulations :
(f) There wiil be ban on installation of Mobile Tower Antennae on and within
3 meters from the boundary of the premises of Educational lnstitutions
(Nurseries, Schools andcolleges), Hospitals, the towers will not be allowed on
children correctionhomes (Balsudhargriha), vrudhasham and hostels /
orphanage buildings forchildren. Also Antennae shall not be directed /
positioned towards any of theselnstitutions
In case of Antennae installed beyond 3 meters the number of Antennae /
Distance Clause 6 (d) will be applicable irrespective of the existing radiation
Also Antennae shall not be directed / positioned towards any Educational
lnstitutions, (Nurseries, Schools and colleges), Hospitals , children correction
homes (Balsudhargriha), vrudhashamand hostels / orphanage buildings for