Court Denies Removal of Tower; Orders Measures to Ensure Public Health Safety
In a significant ruling, the Telangana High Court, presided by Justice Suddala Chalapathi Rao, addressed the contentious issue of a telecommunication rooftop tower erected on private property in Hyderabad. The case, Sri Nandasu Laxmidas v. State of Telangana, revolved around the alleged unauthorized erection of a telecom tower without the property owner's consent, raising concerns over safety and regulatory compliance.
The petitioner, Sri Nandasu Laxmidas, contended that the tower, constructed on his property without his consent, posed health risks due to radiation emissions. The installation was said to violate safety norms and regulatory conditions stipulated in the now-superseded G.O.Ms.No.380, dated 01.08.2013. Furthermore, the petitioner highlighted the tower's proximity to a mosque, schools, and a densely populated area, exacerbating the potential hazards.
The court acknowledged that the original guidelines under G.O.Ms.No.380 had been replaced by revised directives, specifically G.O.Ms.No.96 MA&UD (M1) Department dated 05.08.2015, which removed certain restrictions. The respondent, Greater Hyderabad Municipal Corporation (GHMC), clarified that the current framework did not empower local authorities to act against such installations without central government authorization, as per the Telecommunications Act, 2023.
Recognizing the technological advancements that have emerged to reduce radiation levels, the court refrained from ordering the tower's removal, noting its operation since 2014. Instead, it mandated the GHMC to instruct the telecom company to upgrade its technology in line with new standards to minimize radiation and safeguard public health.
The court directed the GHMC to liaise with the Department of Telecommunications' TERM Cell to facilitate the necessary technological enhancements. The ruling underscores the balance between infrastructure development and public health, emphasizing the need for compliance with evolving safety standards.
Bottom line:-
Erection of Telecommunication Roof Top Towers (RTT) - Court not inclined to direct removal of tower already functioning since 2014 - Directions issued to upgrade technology to reduce radiation levels and ensure no health hazards to local inhabitants.
Statutory provision(s): Telecommunications Act, 2023, Telecommunications (Right of Way) Rules, 2024, G.O.Ms.No.380, dated 01.08.2013, G.O.Ms.No.96 MA&UD (M1) Department dated 05.08.2015, Section 14(4) of Telecommunications Act, 2023.
Sri Nandasu Laxmidas v. State of Telangana, (Telangana) : Law Finder Doc id # 2922775
