‘Can’t bypass Court stay on mobile tower work’, says High Court

A mobile operator cannot install a temporary mobile tower, called ‘cell on wheels’, to overcome a stay granted by a tribunal or court on the building permit for a permanent mobile tower, the Kerala high court said.

A division bench of comprising Justice K Vinod Chandran and Justice M R Anitha gave the order after considering an appeal filed by Indus Towers Ltd. The court said ‘cell on wheels’ is intended to provide coverage when the construction of a permanent tower is continuing on the basis of a valid building permit.

Building permit for constructing a permanent tower at Manappilly near Ayyampilly in Ernakulam was stayed by tribunal for local self-government institutions and a single bench had refused to interfere. The appellant then sought permission for installation of a ‘cell on wheels’ and contended before the division bench that it does not require a building permit.

Stating that the court cannot agree to such an argument, the bench pointed out that the objection of nearby residents is not confined to construction or the structural facility but also on the operation of the tower in the area.

Agreeing with the single bench’s decision not to issue an order in favour of the appellant, the division bench said in the judgment, “Otherwise, whenever a building permit is declined or interfered with by a competent court, the telecom operator or their service provider could install a mobile tower so as to get over the objection of the nearby residents.” LatestLaws