Indian Express 31.12.2009
Court orders removal of illegally installed mobile towers
In a landmark ruling, the Gujarat High Court (HC) has directed the Ahmedabad Municipal Corporation (AMC) to remove the mobile towers if installed on the city buildings violating the General Development Construction Regulations (GDCR) or any other law.
Justice M R Shah pronounced the order recently while acting on a petition filed by one Kantilal Kothari, a resident of Shankheshwar Apartment in Ahmedabad. Kothari had requested the court to direct the AMC authorities to remove the tower of a cellular company. Kothari’s lawyer Saurabh Patel said the petition was filed after the AMC authorities did not act on his demand despite repeated attempts.
Patel said the tower on Kothari’s building was installed before 2001. However, following the earthquake and realizing the adverse effect of the tower on the building, he had approached the authorities to get it removed.
Earlier, in a different petition the HC had quashed it and set aside the AMC action of sealing the towers on the city buildings after receiving complaints against the cellular companies from the residents of the buildings.
Patel said, “Following this, AMC officials had not been acting against the cellular companies. And so, we moved the petition. And the HC has clarified that sealing the tower and removing the tower are different things. And that the AMC can always remove the towers in accordance with the law if they have been installed in violation of the GDCR or any other law.”
The court observed that the AMC “is required to take steps/action in accordance with the law if AMC is of the opinion that the tower has been constructed de hors the provisions of GDCR and/or it is pointed out to AMC that the construction of the tower is illegal, unauthorized and/or in breach of the provisions of GDCR”.
