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IN THE HIGH COURT OF MADRAS, MADURAI BENCH
M. Sathyanarayanan, B. Pugalendhi, JJ.
Manivannan - Appellant
Vs.
District Collector, Tuticorin District - Respondent
Writ Petition No. 15974 of 2017, 21631 of 2017, 11615 of 2018, 19982 of 2018, 21154 of 2018, 22367 of 2018, 23106 of 2018, 24089 of 2018, 24782 of 2018, 3675 of 2019, 4681 of 2019, 10627 of 2019, 11503 of 2019, 12202 of 2019, 16354 of 2019; Writ Miscellaneous Petition No. 12627 of 2017, 17912 of 2017, 3476 of 2018, 10583 of 2018, 20591 of 2018, 17777 of 2018, 20265 of 2018, 21008 of 2018, 21984 of 2018, 22473 of 2018, 13367 of 2019, 13371 of 2019, 2889 of 2019, 3733 of 2019, 9166 of 2019, 9719 of 2019, 12995 of 2019
Decided On : 29-08-2019
Tamil Nadu Panchayats Act, 1994 – Retired from service – Injuries - Challenge in light of afore-extracted - Per contra private respondents / service providers would submit that they are taking all necessary care while constructing Base Trans-receiver Stations and vide Municipal Administration and Water Supply Department Government of Tamil Nadu has exempted the Base Trans-receiver Stations (BTS Towers) by telecommunication companies from Tamil Nadu District Municipalities Buildings Rules, 1972 and Multistoried and Public Building Rules 1973, subject to conditions imposed in Information Technology Department and letter of the Municipal Administration - They would further submit that vide Housing and Urban Development Department installation of Base Trans-receiver Stations are permitted in all land use zones in the master plan – Held, It is also submitted that the Secretary to Government Energy Department vide his letter addressed to Principal Secretary and Chairman of Tamil Nadu Electricity Board and Secretaries to Government Municipal Administration and Water Supply Department; Rural Development and Raj Department has reiterated by referring and Municipal Administration and Water Supply Department Housing and Urban Development Department and instructed those Departments to issue necessary instructions to Corporations / Municipalities / Local Bodies not to insist upon building permission from Cell Phone Companies for erection of BTS Towers - Said judgment has come prior to which makes the position very clear - In view of above Court hold that general permission to any licensed telecom company and erect towers can be granted subject to the terms and conditions, laid down in passed by the Information Technology Department - Keeping in mind the statement learned Senior counsel that his clients have approached Officers concerned and they have not processed request further Court direct Indus Towers Limited, Chennai, sixth respondent in and tenth respondent in to make a fresh application in terms of Information Technology Department for erection of towers within a period of three weeks from date of receipt of a copy of this order - On receipt of same respondent are directed to consider application and take a decision in accordance with law within a period of six weeks, thereafter - In those areas where Mobile Towers have been erected without following Information Technology Department Collectors are directed to issue notices to operators directing them to make applications for erection of Mobile Towers within one week from date of receipt of this order and on receipt of application District Collectors shall pass orders on merits in accordance with rules, but not later than three weeks and issue directions in accordance with decision taken – Petition disposed of
JUDGMENT :
B. Pugalendhi, J.
These writ petitions are filed by the respective petitioners, in the form of public interest litigations, seeking closure or not to erect the cell phone towers, on the ground that the respondent / service providers either constructed or are constructing the cell phone towers without obtaining any permission from the local authorities and that these towers are responsible for innumerable health hazards to the nearby residents. Since the issue involved in all these writ petitions is one and same, they are taken up together for hearing and are disposed off by way of this common order.
2. Heard the respective learned Counsel appearing for the petitioners, the learned Special Government Pleader appearing for the State and the respective learned Counsel appearing for the service providers.
3. The sum and substance of the petitioners' arguments are as follows:
(ii) The Tamil Nadu Panchayats Act, 1994, prohibits any construction or structure without prior permission.
(iii) No land or premises or building shall be built, altered, reconstructed, sub-divided, changed or put to use, which is not in conformity with the provisions of Tamil Nadu Combined Development of Building Rules, 2019.
(iv) Base Trans-receiver Stations (BTS Towers) are not considered as buildings or structures for telecommunication and it can either be allowed on a plot or top of a building, only after obtaining permission under the Tamil Nadu Combined Development of Building Rules, 2019.
(v) The areas where the towers are constructed / proposed to construct are within 10 feet from the residential buildings, schools and hospitals, and the radiation from the towers may cause health hazards like cancer, embryo disruption and changes in DNA.
(vi) Any unauthorized construction is liable to be removed / demolished as per the provisions under Tamil Nadu Panchayat Building Rules and that apart, the Hon'ble Supreme Court in Hari Chand Tewari's Case has ordered the removal of illegally erected tower.
4. Per contra, the private respondents / service providers would submit that they are taking all necessary care while constructing the Base Trans-receiver Stations (BTS Towers) and vide G.O.Ms.No.177, Municipal Administration and Water Supply Department (MAI Department), dated 17.12.2002, the Government of Tamil Nadu has exempted the Base Trans-receiver Stations (BTS Towers) by the telecommunication companies from the Tamil Nadu District Municipalities Buildings Rules, 1972 and Multistoried and Public Building Rules, 1973, subject to the conditions imposed in G.O.Ms.No.2 Information Technology Department, dated 01.04.2002 and the letter of the Municipal Administration dated 23.07.2002. They would further submit that vide G.O.Ms.No.302, Housing and Urban Development (UD 4.2) Department dated 12.12.2002, the installation of Base Trans-receiver Stations (BTS Towers) are permitted in all land use zones in the master plan.
5. It is also submitted that the Secretary to Government Energy (C-3) Department, vide his letter No.5742/C3/2008-6, dated 26.03.2019 addressed to the Principal Secretary and Chairman of Tamil Nadu Electricity Board and the Secretaries to the Government, Municipal Administration and Water Supply Department; Rural Development and Panchayat Raj Department, has reiterated by referring G.O.Ms.No.171 and Municipal Administration and Water Supply Department, dated 17.01.2002 and G.O.Ms.No.302, Housing and Urban Development (UD 4.2) Department, dated 12.12.2002 and instructed those Departments to issue necessary instructions
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