Telangana High Court Refuses To Shift 12-Year-Old Mobile Tower, Directs Technology Upgrade To Reduce Radiation Levels

The Telangana High Court has declined to direct shifting of a telecommunication rooftop tower which had already been erected and functioning since 2014, but directed the Greater Hyderabad Municipal Corporation to take steps for technological upgradation so as to reduce radiation levels and ensure that there are no health hazards to local residents.A Single Judge Bench of Justice Suddala Chalapathi Rao observed: “Though it is brought to the notice of this Court that in the recent past, new and advanced technologies have emerged which considerably reduce radiation levels from cell towers, since the subject cell tower has already been erected and has been functioning since 2014, this Court is not inclined to issue any direction to the cellular companies to shift the said towers. However, it would suffice to direct the respondent No.2-Corporation to issue appropriate directions to the respondent No.4-cellular company to upgrade its technology in accordance with the new emerging standards, so as to reduce radiation levels and to ensure that there are no health hazards to the local inhabitants.”The Court was dealing with a writ petition filed by the owner of a property at Kulsumpura, Toli Masjid, Karwan, Hyderabad, challenging the proceedings by which permission was granted for erection/installation of a Telecommunication Roof Top Tower in the premises.The petitioner contended that he was the absolute owner and lawful possessor of the property, having acquired it through a registered sale deed dated 07.05.1991. According to him, his sister was permitted to reside in a portion of the house only on a permissive basis and had no ownership rights over the property.It was alleged that the husband of the petitioner's sister, in collusion with the cellular company, attempted to erect a rooftop tower on the petitioner's property without his consent. The petitioner claimed that provisional permission had been obtained from GHMC by misrepresenting facts and suppressing his ownership.The petitioner further contended that the property was situated near Toli Mosque, schools and a densely populated residential area, and that the tower was also close to high-tension electrical lines, thereby violating safety norms and regulatory conditions.Relying on Government Orders dated 01.08.2013, the petitioner submitted that erection of telecommunication infrastructure towers could not be allowed within a radius of 100 metres from the boundary of premises such as schools, hospitals, heritage buildings and religious buildings. It was argued that installation of such tower without consent and without proper permission would result in hazardous radiation, adversely affecting the health and safety of local inhabitants.Opposing the petition, the Standing Counsel for the Municipal Corporation submitted that Government Orders dated 01.08.2013 had been superseded by revised guidelines under Government Orders dated 05.08.2015, and that the clause relied upon by the petitioner had been removed. It was, however, submitted that the requirement of obtaining prior permission from the competent sanctioning authority continued.It was further submitted that under the subsequent Government Orders and the Telecommunications Act, 2023, the Corporation had no authority to initiate action against the cellular company unless permission was granted by an officer authorised by the Central Government. The Corporation also submitted that radiation-related technical issues are dealt with by the Telecom Enforcement, Resource and Monitoring (TERM) Cell of the Department of Telecommunications.Taking note of the revised Government Orders and the fact that the tower had already been functioning since 2014, the Court held that it was not inclined to direct the cellular company to shift the tower.However, the Court found it appropriate to direct GHMC to issue necessary directions to the cellular company to upgrade its technology in accordance with emerging standards so as to reduce radiation levels and avoid health hazards to the local inhabitants.The Court further directed the Corporation to address a letter to the TERM Cell, Department of Telecommunications, Government of India, requesting permission for the cellular company to upgrade its technology in the interest of local residents and the general public at large.Accordingly, the writ petition was disposed of. No order was made as to costs.Case Title: Sri Nandasu Laxmidas v. State of Telangana & Ors.Case No.: W.P. No.2249 of 2015Appearance: Sri Ali Faraz Farooqui representing Mr. Ali Farooq for the Petitioner; Mr. Midde Arun Kumar, Standing Counsel for GHMC, for Respondent Nos.2 and 3.Click Here To Read/Download Order

Telangana High Court Refuses To Shift 12-Year-Old Mobile Tower, Directs Technology Upgrade To Reduce Radiation Levels

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Telangana High Court Refuses To Shift 12-Year-Old Mobile Tower, Directs Technology Upgrade To Reduce Radiation Levels

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