The main legal point established in the judgment is the importance of strict compliance with rules and regulations governing the installation of mobile towers, and the need to consider applications for tower installations to strengthen telecom infrastructure.

JUDGEMENT

Harinder Singh Sidhu, J. - Misc. application No.CM-7782-CWP-2022 has been filed by the respondent - State of Punjab for clarification of the order dated 08.04.2021 passed by this Court.

2. The clarification sought is as to whether in the light of this order, NOC for installation of mobile towers can be issued to other Telecom Infrastructure Providers apart from Respondents No.3 and 4, if they are found eligible as per Rules and Instructions of the Government with regard to Roof Top Towers which have come up on structurally safe and approved buildings.

3. In order to dispose of this application it would be necessary to refer to the relevant previous orders passed in this case.

4. This writ petition has been filed by the petitioner -Simarjeet Singh assailing the show cause notice dated 08.02.2021 issued to him by the Estate Officer, GMADA calling upon him to remove the mobile tower installed on the roof of his house No.535, Phase-10 SAS Nagar. As per the show cause notice this was in violation of the conditions of the Allotment letter and Building Bye- Laws. The notice also stated that in the event of the petitioner failing to do so action u/s 45(3) of the Punjab Regional and Town Planning and Development, Act, 1995 to cancel the allotment would be taken.

5. When the case came up for preliminary hearing on 25.02.2021 the Court posed certain queries to the Ld. Counsel for the petitioner regarding the weight and height of the tower and the number of poles erected on the building.

6. Thereafter, the case was listed on March 3, 2021 when the following order was passed:

'Case has been heard through Video Conferencing on account of COVID-19 Pandemic.

CM-3471-CWP-2021

This is an application for taking on record photographs as Annexures P-8 and P-9.

Application is allowed and the photographs are taken on record.

CWP-4424-2021

Notice of motion.

Ms. Anu Chatrath, Additional Advocate General, Punjab accepts notice on behalf of respondent No.1.

On the last date of hearing, following order was passed:-

'Following queries have been put to learned counsel representing the petitioner:-

i) Whether the construction of the building is pillar construction or based on foundation only?

ii) The weight, height etc. of the tower/pole and how much number of poles erected in the building in question.

Learned counsel for the petitioner shall be at liberty to move an application to clarify the aforesaid queries.

To be listed as and when appropriate application is moved.'

Today, learned counsel for the petitioner has informed us that the construction of the building is a pillar based and height of the poles is 6 mts.and weight thereof is 200 kgs.

An additional query has been put to learned counsel for the petitioner whether there is a mandatory requirement for installing solar panel for use.

Learned State counsel shall be at liberty to file a short affidavit regarding the query raised above. It shall also be made clear whether uniform policy is being adopted all over the State of Punjab or a stand alone instructions have been given for SAS Nagar. Another question that arises is whether due to wind velocity at times, there can be a danger of the tower being dislocated and endanger the lives of the people. It appears apart from the tower, there are batteries on the roof which may not be able to bear the burden.

As a larger question has arisen before this court regarding installation of towers on residential building, as an interim measure we direct that State shall not allow installation of towers on the residential buildings till further orders. As regards the building of the petitioner, status quo shall be maintained till the next date of hearing. This order is being passed in view of the fact that installation of towers in a haphazard manner may endanger lives and property of the people and would violate their rights under Article 21 of the Constitution.

To come up on 10.3.2021."

7. Being of the view that the petition raised a larger question of installation of towers on