Mumbai: Following an order from the Bombay high Court, a mobile company has started dismantling its mobile tower which was installed in 2013 atop a seven-storeyed building, which also houses a nursery school, in Umerkhadi.
A bench of Justices Ajey Gadkari and Kamal Khata passed the order early this month directing removal of the mobile tower, while hearing a petition by the residents of Qasr-e-Amin Building (Tenants) Association seeking direction to the authorities to remove the mobile tower which was erected illegally on the building without any permission in 2013.
Advocate Vishwanath Patil, appearing for the residents, submitted that the one Shoukat Ahmed, in partnership with a mobile company, had erected a mobile tower on the terrace of the building without obtaining proper legal approvals and by using forged documents. Patil submitted that the residents have been opposing the installation of the mobile tower since 2013, and have made representations to multiple authorities.
Reliance Jio begins dismantling the mobile tower atop a school building in Umerkhadi following a Bombay High Court order
During the hearing on October 9, advocate Gaurav Thakur, appearing for the mobile company Reliance Jio Infratel Pvt Ltd, assured the HC that they will remove mobile tower and equipment erected on the terrace of the building, within a period of one week from today.
The bench also directed that the Brihanmumbai Municipal Corporation (BMC), which has to oversee the removal, take police protection if required. The court has also directed the senior police inspector of JJ Marg police station to “provide necessary adequate police protection” to the mobile company for “removing the mobile tower and other ancillary equipment erected by it from the terrace of the building”.
On October 19, the telecom company informed the HC that 90 percent of the tower installations had been removed and the remaining would soon be dismantled. The HC has kept the matter for compliance later this week.
According to the petition, the existing mobile tower on the building terrace was built a decade ago by another telecom company authorised only by one resident, and not the tenants body or a Trust that manages the building.
The tower was taken over by Reliance Jio Infratel Pvt Ltd a few years ago. The company contended that it had not received any communication from the tenants before filing the petition and agreed to remove the mobile tower.
The petition pointed out a revised draft policy guidelines of Jan 2013 for the installation of mobile towers in the city which mandated at least 70 percent consent from members of the cooperative housing society. It disallowed installing towers in schools, colleges, hospitals, or on children’s correction homes, old age homes, hostels, children’s homes, and orphanages.
