'Health Concerns Cannot Differ From Locality To Locality': Punjab & Haryana High Court Sets Aside Cancellation Of Mobile Tower Permission

The Punjab and Haryana High Court has held that the health concerns of residents of a particular locality cannot be treated differently from those of the rest of the State, and cannot justify the selective cancellation of permission for the installation of a mobile tower. The Court observed that such reasoning is manifestly baseless when similar installations exist across the State in comparable localities.Justice Jagmohan Bansal was hearing a writ petition filed by Saral Mobile Project Services Pvt. Ltd. challenging the order of the Deputy Commissioner, Faridabad, whereby permission granted on 07.01.2025 for the installation of a mobile tower was cancelled on the ground of “public interest” following objections raised by the Residents Welfare Association. The cancellation was based on a communication issued by HSVP stating that residents of the locality were opposing the installation of the tower due to perceived health hazards, particularly for elderly persons. The respondents contended that the Deputy Commissioner was competent to cancel the permission in view of such objections and in the larger public interest.The Court examined the record and found that the petitioner had applied for permission in accordance with the applicable policy and that the permission was granted after following due procedure. It further noted that the petitioner qualified as a “facility provider,” HSVP as a “public entity,” and the land in question as “public property” under the Telecommunications Act, 2023.On the justification of health concerns, the Court observed that mobile towers have been installed across the State, including in parks and inhabited residential areas. It held that the health of residents in one locality cannot be treated differently from that of others. It observed:“… mobile towers have been installed across the State in the parks owned and managed by HSVP or Municipal Corporation… Need or protection of health of residents of any particular locality is not different from entire State. All the residents are equal whether residing in particular sector of a particular city or anywhere else.”The Court also examined Section 16 of the Telecommunications Act, 2023, relied upon by the respondents, and held that the provision applies only after installation of telecommunication infrastructure and is limited to removal, relocation, or alteration of the network. It clarified that the provision does not confer power to cancel permission already granted, particularly where installation has not yet been completed.Accordingly, the High Court allowed the writ petition and set aside the impugned order cancelling the permission for the installation of the mobile tower.Case Title: Saral Mobile Project Services Pvt. Ltd. v. State of Haryana & Ors. [CWP-22231-2025]Click Here To Read/Download Order

'Health Concerns Cannot Differ From Locality To Locality': Punjab & Haryana High Court Sets Aside Cancellation Of Mobile Tower Permission

Saksham Vaishya

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