HC rejects plea for de-sealing of mobile towers

Case to come up before division bench on July 8

PTI | June 15, 2010



The Delhi High Court today refused to direct the MCD to de-seal the mobile towers which were sealed by the civic body for not complying with its guidelines.

A vacation bench of Justice Manmohan Singh declined to give any interim relief to GTL Infrastructure, which filed the petition, saying that there is no urgency in the matter and it could be decided after vacation by a Division Bench before whom the case is pending.

The infrastructure company pleaded before the court that the towers should be de-sealed because MCD had no power to take such action and only Central government has power to do so.

The court, however, refused to pass any order saying that a similar petition is pending before a Division Bench and the case can be heard on July 8.

Earlier the court had, on June 4, stayed its order for constituting a committee of technical and medical experts to examine potential health hazards from over 5,000 mobile phone towers in the capital and refused to allow the MCD to seal 2,952 illegal towers in the city.

The court had on May 13 restrained the civic body from sealing illegal mobile phone towers after cellular operators approached it challenging the decision of the MCD to seal the towers of the operators who did not deposit the increased fee of Rs five lakh.

The municipal body had started the sealing exercise following the expiry of the deadline for operators to apply for regularisation after paying the hiked amount.

MCD had said that out of 5,364 towers in the city, only 2,412 had requisite permission and the remaining 2,952 were illegal.

The MCD had on February 9 brought in a new policy on mobile towers revising the guidelines for cell towers and hiking the amount payable by the service providers to the MCD for installing a tower from Rs one lakh to Rs 5 lakh.

 

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