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K. Gopal Gowda

Karnatka Government order regarding mobile towr installation

Question

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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jps50

We do not provide information but enable and guide our members to use RTI Act 2005 for obtaining required information from govt office. You can file RTI application with SPIO of relevant dept of Govt of Karnataka [alternatively with SPIO of office of chief secretary] Bengaluru by referring:

 

Karnataka

KARNATAKA RTI RULES - RTI Guide

 

Make effective:

http://www.rtiindia.org/forum/blogs/jps50/93-how-make-rti-application-effective.html

 

You can also search official website of the State for govt circulars.

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K. Gopal Gowda

I got these order and circulars through RTI from the Karnataka Government.

 

Mobile tower companies has to follow these rules and regulation in karnataka.

 

Please see the orders and cicrculars attached.

 

 

K.Gopal Gowda

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K. Gopal Gowda

I got these Karnataka Governemtn circulars for mobile tower guidelines through RTI

 

I tried to upload these files but it is not getting attached.

 

please refer the word document if the file is uploaded.

mobile tower guidelines - karnataka.docx

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SanthoshReddy

Hi Gopal,

Thanks alot for the Information you provided,

There is Mobile Tower that is being erected on top of a building in the area where i stay,already the generator and the tower skeleton is installed on top of the building,

it is a residential and highly populated area,

Now i have raised a Objection to the Mobile Tower Installtion in local Panchayati.

After which i come to know that, the mobile company has not take any sort of permission from them.now panchayati have asked them to stop the work and given certain conditions to full fill before proceeding like 1.NOC from neighbor 2. NOC from fire,pollution

Now is it required to move to court the matter?

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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

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Rajanikanth Dandamudi

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

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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.

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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.

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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.

©. 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

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karira

There are different ways to handle this...not only permission from BBMP.

Is there any illegal structure for the cell tower - like the room for battery back up, porta cabin etc ?

Try from that angle also.

There must be at least one thing (if not several) that the tower company or the owner of that place has done illegally.

You have to confront on all illegal fronts.

Please read:

 

http://www.rtiindia.org/forum/10388-demolition-illegal-structure-municipal-corporation.html

 

Also read some of the threads in the following search results:

abhi987 success stories site:www.rtiindia.org - Google Search

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K. Gopal Gowda

Dear shri Rajanikanth Dandamudi,

 

In the Government circular dated 02-03-2005, it is strictly stated that all the 4 conditions (last page) service provider has to follow the 4 conditions strictly, then there is no need of getting the NOC from any local body. Here the companies has not following the all the 4 conditions specially “Ethara Shasana Badda Niamagalu”, they are misinterpreting the Government Circular. You will have to convince the concerned what the “Ethara Shasana Badda Niamagalu” are, and where are they? They are all in the reference of the circular dated 02-03-2005. If you convince the concerned or court definitely you will be success

 

You will have to get the stay order from the court immediately, saying it is an illegal and unauthorized construction as per the rule 299, 2 (1A) of Karnataka Municipal Corporation Act 1976 and Rules 1977. You will have to complaint to the concerned authority

Grounds for getting stay:

1. The site is not eligible for construction for the mobile tower because the prescribed area is 10 sq, meters, that means 10 X 10 meters area required. As per your statement 20 X 30 = 600 Sq area.

2. Generator set should not be placed on the roof top of the building

3. They should obtain the approval of air traffic controller, airport authority of India

4. 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.

5. They are solely responsible for any damage to the building and the public safety.

6. They should take special precautions for the safety and lightening etc.

7. They should obtain NOCs from electrical inspectorate, directorate of fire service and owner associations of the buildings if any

8. company has to follow the recommendations issued by the Indian Institute of Science

9. The company or service provider is not having the license to construct the mobile tower on the roof top of the building

10. Finally, the company has to obtain the Government Order to install network equipment and erection of roof top container, tower or pole mounted antennas for telecom operations.

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K. Gopal Gowda

If you are living in Bangalore (BBMP limits) you can contact demolition squad called “ Prahari” which is in the BBMP Head office, corporation circle. They will come to your spot and demolish the illegal construction.

 

Be calm and act immediately. Good Luck.

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vaidy14

This is an excellent info and I have used this to fight the mobile tower coming-up atop a four storied residential building terrace constructed 5 years ago on 30'X40' BDA site.

Thax a many for sharing this. will let you know once my attempt succeeds.

Vaidyanathan. K

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vaidy14

I live in Bangalore.

Thx for info. on Prahari at BBMP corp. circle.

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G.R.Vidyaranya

Karnataka State Pollution Control Board has issued new guidelines recently for clearance to installation of mobile towers which has come into effect from 1.8.2013. Copy is attached

KPSCmobiletowers.pdf

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vaidy14

EE SOuth BBMP is directed us to AEE Koramangala and this AEE citing circular dt 02.03.2005 as a blanket permission. We all know this is wrong and AEE shying from his work. How to proceed in this? I have sent mails to BBMP commissioner as well as BDA commissioner. No replies. NOC from Residence owners association is not taken by Reliance. They have just finished erection of tower and is not operational because with the help of Police we temporarily sent the equipmen t back. Can any one suggest where all and for what we need to file RTI to enable action by BBMP.

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vaidy14
If you have already sent letter to BBMP/BDA Commissioners, please follow it up with an RTI as mentioned in the link: http://www.rtiindia.org/forum/blogs/jps50/69-any-thing-pending-govt.html

In the format given, make necessary corrections to suit your requirement. It works.

 

The RTI addressed to BDA was promptly sent to EE East sitting in BDA , HSR layout asking him to verify.

RTI addresses to BBMP admin returned; RTI addresses to Under Secretary Urban Development, returned - these addresses are from Karnataka Govt web site. Even e-mail in this regard today to addl. sec. urban development taken from website bounced.

The problem who in the Government is responsible for action on illegitimate mobile tower on terrace in BBMP? or BDA? is my question . I'm trying to get an answer from Urban Development who are responsible for issuing Commencement certificate on an application with drawing and BBMP should in turn grant license based on Commencement certificate as per the circulars of GOK which is available in this thread. The lower level AEE are not acting and turning a blind eye and say they have no powers to stop. Unless we know who is the Authority empowered to take action BBMP won't act.

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G.R.Vidyaranya

You should hold the Municipal Commissioner responsible and let him run around to get the responsible person. File a memorandum/complaint to/against the Commissioner. For any implementation of Govt. (State or Central) Rules in a city the Municipal Administration is held accountable.

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vaidy14

The Commissioner BDA has directed the RTI to EE ( East) BDA when I asked whether they have issued Commencement Certificate and / or License to reliance Jio Infocomm Ltd to erect mobile tower in the address near my house. BDA EE East is yet to reply after giving a weeks time going to file an appeal.

 

The problem in this tower erection is : no dept is coming forward to take the responsibility or authority on the erection of towers. The circular from Urban development, which all the BBMP officials refer to Urban Development Circular in Kannada # 55 dt 02.03.2005 wherein says subject to satisfying rules but doesn't explicitly state what rules; however this circular refers to those circulars issued earlier which were procured under RTI and posted by Mr. Gowda in this thread beginning.

Kannada circular dt 2005 attached two pages herewith.

1. We don't know what specific rules and regulations this circular refers to and 2. who will take action on the rules which they refer either BDA or BBMP and who in BBMP/ BDA will act to check compliance of these rules. The passing of buck by the officials is making tough for people to understand the action items and who will act on these action items.

 

BBMP commissioner is just passing on or not replying RTI which is not yet one month over to file an appeal.

urban dev kannada circular page 1.jpg

urban dev kannada circular page 2.jpg

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vaidy14

Received from BBMP " information sought is not available " i.e. Commencement certificate/ License to set-up Mobile tower in the particular address is not available meaning there is no commencement certificate and license issued by BBMP. In the meantime , Reliance Jio infocomm Ltd 's sub-contractor for taking BESCOM connection two days back came with workers and started digging road for giving BESCOM connection to tower. Because of vigilant public the move was thwarted as the sub-contractor is doing without permission from BESCOM. We had already warned BESCOM about this a month back and the EE is very cooperative and supportive on public efforts. As a consequent next step meeting the secretary to Govt of Karnataka with these RTI responses to find out who will demolish this tower or under which office's order tower will be removed.

Thru' this communication I want to inform public , that perhaps with the exception of BSNL, others sub contract jobs for erection w/o any license and commencement certificate and other approvals. The lower level authorities are take care so that they remain unresponsive to public complaints.

I think a concerted action is required to educate the public and go to the law makers to administer the law for the benefit of public. Thx to those circulars from Mr. Gowda w/o which we could not have progressed.

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vaidy14

One more milestone in our fight against the illegitimate tower by Reliance Jio infocomm ltd. Based on the reply by someone for AEE East BDA, met the EE, BDA East and questioned the RTI reply legitimacy and vague reply that BDA is not involved. The EE East BDA was kind enough to give a pointed reply that the company has not applied for any Commencement Certificate as per GOK circular of 2001 which was attached by Mr. Gowda. Further BDA said since 1997 they have handed over to BBMP the action has to be taken by BBMP. I want to share this info for the benefit of the forum.

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shayiqh

plz send me the circulars ..

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koteswararaonerella

Very recent order which has come only a week back that for ERECTING CELL TOWER the Telcos.need not take permission from Panchayat or Municipality and what they need is

1.Consent from the owner of the building

2.Structural safety certificate issued by a Licvensed Structural Engineer that the building can bear the additional load

If there is any dispute they measure and shaow the radiation whether it is within the limit prescribed.I have read the TOI but not taken extract.I will search for it and post if I forgot anything imporatant.

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