Need Help: Karnatka Government order regarding mobile towr installation

[K. Gopal Gowda]

Dear Members,

I need a copy of the karnataka government circular and government order which states the terms and conditions for installation of mobile towers.

The circular number follows as:

1. UDD 324 MNG 97 dated 3-4- 1998

2. UDD 13 MNG 99 20-2-1999

3. UDD 17 A PRASE 2001 12-11-2001

and Government Order

Sum (sum in kannada) ITD 29 MDA 2007 29-5-2002

Please do post all the cirucualar, notification and karnataka government regarding the mobile tower installtion if any body have the information.

Kindly consider this as an urgent request to all the members.


Thanks and Regards,

K. Gopal Gowda.

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[K. Gopal Gowda]

Dear Mr. Santhosh Reddy,

With reference to your reply dated 31-10-2011. I want to give some more information which Government of Karnataka, has permitted to construct the mobile tower on the roof top of the building subject to follow certain laws and regulations which are in government circular Na Aa Ee 55 GEL 2005 dated 02-03-2005 ; they are in the form of 3 government circulations and one government order.

First circulations Na Aa Ee 324 MNG 97 dated 04-03-1998. In this circular government has ordered the company who wants to install mobile tower on the roof top of the building should have to obtain license from the ministry of communications, department of communications, Government of India. But, no one company is having license to construct the mobile tower. Still they are arguing we have license to construct the mobile tower. The license obtained by the company under section 4 of the Indian Telegraphic act is only respect of providing cellular mobile telephone service and not for the permission or license to be obtained from the local bodies for erecting mobile towers.

The license obtained under the Indian telegraphic acts serves different purpose and the license/permission to be obtained under the local bodies serves the different purpose. It is proved in the High court of Karnataka wide WP 19530/2005 (LB-tax) dated 25the November 2010.
In this circular Government has instructed to follow KMC act 1976 and rules 1977. In this act under section 299 of KMC says one has to obtain the license from the local panchayath/ municipalities/corporation before construction of the tower. Under section 2(1A)(a) says the definition of the house. This has been proved in the High court of Karnataka wide WP 25858/2010(LB-Bmp) dated 7th September 2010.

Circular number 3: UDD 17 Aa Pra Sa 2001 dated 12 November 2001. Wherein in addition to the municipal/corporation license, the company is required to obtain the commencement certificate from the planning/urban development authorities and to follow the following conditions:-

!. The company shall not place/ install any generator on the roof top of the building
2. Base station service is the commercial activity hence the levy/fees prescribed for the commercial use shall be collected while issuing the license
3. Construction of the tower/ base receiver station on the roof top of the building approximately 10 Sq. meters area is required. That means 30X40 and 30X50 sites are not eligible for construction of mobile tower.
4. Fourth government order no ITD 29 MDA 2002 dated 29th May 2002. Here, the company who intends to construct the mobile tower should get the government order from the urban development department before construction of the tower.
5. They should obtain the approval of air traffic controller, airport authority of India
6. They should inform the local authority concerned that is commissioner municipalities, urban development department etc along with the necessary drawing and consent letter of the building owner before installation.
7. They are solely responsible for any damage to the building and the public safety.
8. They should take special precautions for the safety and lightening etc.
9. They should obtain NOCs from electrical inspectorate, directorate of fire service and owner associations of the buildings if any
10. Finally, company has to follow the recommendations issued by the Indian Institute of Science

[Rajanikanth Dandamudi]

Sponsorer

Hi K. Gopal Gowda,

Can I request you to send me the Karnataka Government orders and circulars with respect to the mobile phone towers. There is a mobile phone tower coming up opposite my house and would like to go through these Karnataka Government orders and circulars. Request you to send us this documents toxxx@yyy.zzz - Deleted email id - posting against forum rules
Thanks and Regards,
Rajanikanth

[karira]

Hi K. Gopal Gowda,

Can I request you to send me the Karnataka Government orders and circulars with respect to the mobile phone towers. There is a mobile phone tower coming up opposite my house and would like to go through these Karnataka Government orders and circulars. Request you to send us this documents toxxx@yyy.zzz - Deleted email id - posting against forum rules
Thanks and Regards,
Rajanikanth

They are attached to post # $ above. You can download it.

[K. Gopal Gowda]

They are attached to post # $ above. You can download it.

Hi, Rajanikanth Dandamudi,

There are 3 circulars, and 1 Government orders in the thread- it is all together called as ‘ Ethara Shasana Badda Niyamagalu’.

You can find these in thread number 4, in this at the bottom you can see Attached files

mobile tower guidelines - karnataka.docx

If you click on this link, you can download, all the above mentioned circulars and GO.

You can also refer to the reply to Mr. Santhosh Reddy - Thread number 5

I have briefed all the points, which is mentioned in circulars and GO.

Hope, this will answer your questions.

[Rajanikanth Dandamudi]

Hi K. Gopal Gowda,

Thanks a lot for your quick response. I have downloaded the file mobile tower guidelines - karnataka.docx . I request your help again in clarifying the following questions. Please help.

1. In post #6 , I see a point which reads as : "3. Construction of the tower/ base receiver station on the roof top of the building approximately 10 Sq. meters area is required. That means 30X40 and 30X50 sites are not eligible for construction of mobile tower."

My questions here are :
(a). 10 sq. metres comes to = 107.63 sq. feet. How is this linked to 30x40, and 30x50 sites being not eligible for mobile tower.
(b). In my case, opp. to my house, the mobile tower is coming up on 20x30 site ( which is not on the main road also. It is on one of the cross roads which connect to the main road ), and We are objecting that through our welfare association.
(c). This tower is coming up on fifth floor of the 20x30 site. All the electrical equipment are placed on the fourth floor. There is no easier access to the fourth floor, in case of fire accidents. The stair case width is just 2.5 feet

2. The tower company people are showing us just the showing is the 02.03.2005 government order and saying no permission is required for erecting the mobile phone tower. This government order says that if all "Ethara Shasana Badda Niyamagalu" are satisfied then, no other permissions are required. These tower company are not complying to "Ethara Shasana Badda Niyamagalu", and misusing the government order to say that no permissions are required for erecting the tower.

3. After we have given complaint in police station, the tower company has now applied for permission to the BBMP. How do we request and what do we need to present to BBMP to ensure that the BBMP does not provide the tower company the permission for erecting the tower ?

Please help.

Thanks and Regards,
Rajanikanth