Dilawar Attar
in Civil Law
Asked June 28, 2017

Installation of mobile tower without consent and permission

  • 2 Answers

In registered housing society without conveyance managing commitee installed mobile tower without 70 percent consent of members and without obtaing BMC ,TRAI,STRUCTURALSTABILITY,FIRE NOC. Where should we complaint please guide.

Answers 2

Please ensure that you have not given general authority to the Managing Committee to take such decisions vide a previous resolution. However, if there is any Mismanagement you can complaint to Assistant Registrar of Coop Societies. 

Agree Comment 0 Agrees over 4 years ago

You should firstly make an application to the tower authorities who had granted the permission for erection of tower. If no such permission was given from the society, then you should make an application to the tower establishing company to remove the tower. If the authorities do no agree with the same, you should file a civil suit in the district for trespass and apply for firstly temporary injunction so that they do not enter or use your property and then for a permanent trespass.

The Mobile Towers are established and erected under the License granted by the Central Government for communication services you have to prove that it is disturbing your day to day life functioning or that tower was erected illegally

You should contact the residence of that society that no Non Objectionable certificate was given to the company.

You can also complaint to Assistant Registrar of Coop Societies. 

In a recent judgment of Chandigarh HC, in 2012, the Hon’ble court clearly said that no mobile towers should be installed in a residence area.

Agree Comment 0 Agrees over 4 years ago

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