Need a Suggestion
2 years ago
Hello,
I am living in a apartment in Kolkata, Apartment committee decided to install a Mobile tower booster in the roof top. I am living in the top floor of the Apartment with my old parents having nerve Problem and High Diabetes and Wife. I disagree with this installation. Is there any legal step should I take against the committee? Please help me.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.According to the World Health Organisation’s (WHO) International Agency for Research on Cancer (IARC), radiation from cell phone handsets and towers are ‘possibly carcinogenic to humans’ and may cause glioma, a type of brain cancer. With greater intensity and consistent radiation, mobile towers may be more dangerous than mobile phones.
As long as they have a structural safety certificate from a designated institute, the approval of the municipal authority and sign an indemnity bond stating that they would be responsible for any losses or injuries caused by the Mobile tower, companies are free to install mobile towers in residential areas, if they have the residents’ support. This is because the law does not make residential areas off limits for them. Companies just have to ensure that the mobile tower is not installed within a 100-metre radius of hospitals and educational institutes.
In case a mobile tower is built and is being operated by the company without due approvals in place, the residents must report the same at the earliest.
As the Apartment committee of that residential building has decided to install a Mobile tower booster in the roof top,it is necessary to scrutinize whether in the Purchase Deed of the residents there is any restrictive clause or not.
It is necessary to know whether save and except you, any other residents of that building are raising objection in that regard or not and whether Municipal Authority gave NOC in that regard because all those are relevant for taking legal steps.
As long as they have a structural safety certificate from a designated institute, the approval of the municipal authority and sign an indemnity bond stating that they would be responsible for any losses or injuries caused by the Mobile tower, companies are free to install mobile towers in residential areas, if they have the residents’ support. This is because the law does not make residential areas off limits for them. Companies just have to ensure that the mobile tower is not installed within a 100-metre radius of hospitals and educational institutes.
In case a mobile tower is built and is being operated by the company without due approvals in place, the residents must report the same at the earliest.
As the Apartment committee of that residential building has decided to install a Mobile tower booster in the roof top,it is necessary to scrutinize whether in the Purchase Deed of the residents there is any restrictive clause or not.
It is necessary to know whether save and except you, any other residents of that building are raising objection in that regard or not and whether Municipal Authority gave NOC in that regard because all those are relevant for taking legal steps.
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A.Hi,
If the decision of installing the mobile tower was taken by the committee members by following all the by-laws of the society, then there is very limited scope of intervention. You can request the members to kindly consider your plea. Or you can make a representation to the office of the registrar of the societies, they might intervene.
IF you like my answer, please rate me.
If the decision of installing the mobile tower was taken by the committee members by following all the by-laws of the society, then there is very limited scope of intervention. You can request the members to kindly consider your plea. Or you can make a representation to the office of the registrar of the societies, they might intervene.
IF you like my answer, please rate me.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You can raise the issue of your disagreement with the society members by calling a meeting with the other committee members. You can also raise the issue with dy registrar of the societies. However, but if the decision was taken through majority you, then the ambit of intervention is limited.
If you like my answer, please rate me.
You can raise the issue of your disagreement with the society members by calling a meeting with the other committee members. You can also raise the issue with dy registrar of the societies. However, but if the decision was taken through majority you, then the ambit of intervention is limited.
If you like my answer, please rate me.
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