High Court vacates stay on erecting mobile towers on houses in Punjab

Tribune News Service

Saurabh Malik

Chandigarh, December 2

In a significant order liable to go a long way in strengthening the telecom infrastructure in Punjab before the expected launch of 5G services, the Punjab and Haryana High Court has vacated the stay on the installation of mobile towers on residential buildings.

“Consequently, it would be open to the respondent — the state of Punjab — to consider and decide applications of all telecom infrastructure providers/telecom service providers, if they are found eligible as per applicable rules/regulations/instructions/guidelines of the union/state government with regard to rooftop towers,” the Bench of Justice Harinder Singh Sidhu and Justice Lalit Batra asserted.

The Bench also directed the respondent-state/competent authority to ensure that the towers were erected only on structurally safe and approved buildings. A panel constituted vide an order, dated April 8, 2021, was also directed to continue monitoring the activities pertaining to the erection of towers in the state, strictly in terms of the directions issued by the High Court in an earlier order.

The Bench was hearing an application by the respondent-state for a clarification on an order passed by the High Court. The Bench, during the course of the hearing, was told that the High Court, vide the order, dated April 18, 2021, had kept in abeyance the stay order, dated March 3, 2021. However, the competent authorities in the respondent-state entertained a doubt whether the April 18, 2021, order was limited only to two providers, who had earlier sought the vacation of the interim order or whether it would extend to other service providers as well.

The state submitted that several telecom infrastructure providers had approached the department concerned, averring that their applications for setting up over-ground telecom infrastructure were not being considered and approved.

Only the applications of the two service providers were being approved as the order, dated April 8, 2021, was being interpreted as being applicable only to them. It was important to urgently strengthen the telecom infrastructure in the state because of the likely launch of 5G services.

The Bench asserted that the order, dated March 3, 2021, was directed to be held in abeyance on April 8, 2021, after taking note of the replies by the Union of India and the state of Punjab, and also after taking into consideration the fact that the entire issue of tower erection was governed and regulated under Rules of 2016. The state government, too, had issued guidelines, dated February 7, 2021, regulating the installation of mobile towers. Also taken into consideration was the importance of the telecommunication services and non-opposition of the prayer for stay vacation either by the Government of India or the state. The order was passed on an application by respondent-Bharti Airtel. However, it did not appear to be limited only to it, the Bench clarified. Airtel was represented by senior advocate Sumeet Goel.

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