NATIONAL UNIVERSITY OF STUDY & RESEARCH IN LAW

ENVIROMENTAL LAW

TAKE HOME ASSIGNMENT

ON

INSTALLATION OF MOBILE TOWERS OVER RESIDENTIAL

BUILDINGS AND ITS IMPACT ON ENVIRONMENT

SUBMITTED TO: SUBMITTED BY:

SUBIR KUMAR VIKASH KUMAR BHAGAT
FACULTY ROLL NO: 301
ENVIROMENTAL LAW SEMESTER- VII
SECTION- A
 INSTALLATION OF MOBILE TOWERS OVER RESIDENTIAL
BUILDINGS AND ITS IMPACT ON ENVIRONMENT
The popularity of mobile and wireless communication devices has resulted in proliferation of
mobile towers installations across the country and its impact on environment. The statistics
reveals that there are 867.8 million wireless subscribers in India at the end of March 2013
which account for nearly 96 % of the total telecom subscriptions. According to Telecom
Regulatory Authority of India (TRAI), there are currently 5 lakh telecom towers and it is
estimated that around One lakh additional towers would be required to cater the need of ONE
billion mobile telephones by 2014. There are 12-14 telecom service providers catering to total
projected wireless subscriber base all the over the country covering both GSM (Global System
for Mobile Communications) and CDMA (Code Division Multiple Access) technologies.

The Department of Telecommunications (DoT) is in the process of finalizing tougher norms

for radiation emitting from cell towers. A precautionary measure various standards for
radiation from mobile towers have been formulated by Department of Telecom (DoT),
Government of India in India, based on International Commission on Non-Ionizing
Radiation Protection (ICNIRP) Guidelines (issued by Germany). The advantage of a mobile
tower is that a single installed unit can be home to multiple telecom providers. Meanwhile, the
same telecom tower can be used by multiple companies for distributing signals. The
government framed a policy in 2006 in which guidelines, rules and regulations were framed
for installing a tower. Under the guidelines, mobile service providers have to take clearances
from the government before installing a tower. As per the Environment (Protection) Act, 1986
and rules made under it, all mobile phone service providers are hereby directed to follow the
following guidelines strictly at the time of installation of the mobile towers.

Installation of Base station antennas within the premises of schools and hospitals must be
avoided because children and patients are more susceptible to electromagnetic radiations.
Installation of Base Station Antennas in narrow lanes should be avoided in order to reduce the
risks caused by any earthquake or wind related disaster.
The Base Station Antennas should be at least 3 m away from nearby buildings and antennas
should not directly face a building. Further, the lower end of the antenna should be at least 3
meters above the ground or roof.
 In case of multiple transmitter sites at a specific locality, sharing of a common tower
infrastructure should be explored, as far as possible, which can be coordinated through a nodal
agency.
Access to Base Station Antenna sites should be prohibited for general public by suitable means
such as wire fencing, locking of the door to the roof etc. Access to tower sites, even for
maintenance personnel, should be for a minimum period as far as possible.
Sign boards/warning signs are to be provided at Base Station Antenna sites which should be
clearly visible and identifiable. A warning sign should be placed at the entrance of such zones.
The Warning Sign should discourage longer stay in the zone, even for the maintenance
personnel. The sign board may contain the following text :
Danger ! RF radiations, Do not enter !
Restricted Area.
The operators and maintenance personnel, who are dealing with radio frequency devices,
specially with Base Station Antennas installed on towers and at any other outdoor sites, should
be protected from electromagnetic radiations. It is required that operators and maintenance
personnel should be educated for possible hazards from these devices.

One of the lacunae of abovementioned guidelines is that the regulatory agencies (Central
Pollution Control Board & State Pollution Control Board) have no authority to dismantle any
Mobile Towers or disconnect the telecommunication service.
Another important point is that radiation from Mobile Towers & Phones are covered under-

a) Indian Wireless Telegraph Act, 1933 (Act No XVII)

b) The Indian Telegraph Act, 1885

c) The Telecom Regulatory Authority of India Act, 1997

However, none of the Acts cover the regulation of health impacts of radiation on living beings.

Role of Regulatory Agencies

The following are limited provisions that highlights the role of regulatory agencies in the area
of installations of Mobile Tower Base Stations (MTBS);

1. Under The Air (Prevention and Control of Pollution) Act, 1981 and Environment
(Protection) Act, 1986 air pollutant is defined as: any solid, liquid or gaseous substance
[(including noise)] present in the atmosphere in such concentration as may be or tend to be
injurious to human beings or other living creatures or plants or property or environment

radiations is excluded from the above definition that includes Electro Magnetic Radiation
(EMR) emitted from mobile tower, a non-air pollutant.

2. Under Environment (Protection) Act, 1986 environment includes water, air and land and
the inter-relationship which exists among and between water, air and land, and human beings,
other living creatures, plants, micro-organism and property.

3. As per sections 25,26 of the Water (Prevention & Control of Pollution) Act, 1974 and /or
under sections 21,22 of the Air (Prevention & Control of Pollution) Act, No person shall,
without the previous consent of the State Board, establish or take any steps to establish any
industry, operation or process, or any treatment and disposal system or an extension or addition
thereto

In the case of Muktipark Co-operative society v Ahmedabad Municipal Corporation1, the

Delhi High Court observed that the licensee company, before installation of the towers, is
required to obtain the requisite permission and clearance from the Department of
Telecommunications (DoT), and is obliged to follow the conditions and guidelines as
prescribed by the authorities. The Telecom Enforcement Resource and Monitoring Cells
(referred to as "the TERM Cell") of DoT are constituted for the purpose of vigilance,
monitoring and security functions. On failure of any site to meet with the requirements, the
authority has been conferred with the powers to impose heavy penalties and even order closure
of the sites.

1
CIVIL APPLICATION NO. 5159 of 2014