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Telecommunications industry

Bombay High Court Dismisses PIL on Mobile Towers, States No Planning Permissions Required

Strategic Insights

— 1 min read

The Bombay high court has held that under the new statutory regime, no planning permissions are required to construct mobile towers on private lands, dismissing a public interest litigation filed by a citizen association. The court noted that the Telecommunications Act, 2023 and Right of Way Rules, 2024 govern the installation, operation, and maintenance of telecommunication services, and this statutory framework does not require permissions from local authorities in the manner envisaged under the provisions of the MRTP Act.

Key Takeaways:

  • The Bombay high court has dismissed a public interest litigation filed by Jagruk Nagrik Sanghatana, a citizen body, and seven individuals, seeking the removal of mobile towers claiming they were installed without planning permissions.
  • The court held that the Telecommunications Act, 2023 and Right of Way Rules, 2024 govern the installation, operation, and maintenance of telecommunication services, and this statutory framework does not require permissions from local authorities.
  • Advocate Sugandh Deshmukh, representing the Tower and Infrastructure Providers Association, pointed out that there was no scientific evidence suggesting telecommunication towers have any adverse impact on human health.
  • The court accepted the argument that the 2013 Act and the Rules framed thereunder only require that information in a prescribed format is submitted to the concerned planning authority together with a certificate of the structural safety of the building over which the mobile tower is proposed to be established.
  • The Maharashtra government has made the provisions of the Telecommunications Act, 2023 applicable to the state from June 26, 2024, and the Right of Way Rules, 2024 with effect from January 1, 2025.

Statistics:

  • 7 individuals were part of the public interest litigation filed by Jagruk Nagrik Sanghatana.
  • 2023: the year the petitioners approached the high court.
  • June 26, 2024: the date the Maharashtra government made the provisions of the Telecommunications Act, 2023 applicable to the state.
  • January 1, 2025: the date the Right of Way Rules, 2024 came into effect.

Sources:

  • Published by HT Digital Content Services with permission from Hindustan Times.

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