The Housing and Urban Development Department has decided to finalise the draft special regulation for installation of telecom towers in urban areas of the State by March 15.As per the decision, the service providers will have to obtain necessary clearance from the respective local authority such as urban local body (ULB) or development authority (DA).
The draft regulation prohibits installation of telecom towers within 100 metres of educational, religious and health institutions. Similar restrictions are proposed within 300 metres radius of a monument under protection of Archaeological Survey of India and State Archaeology.
No permission will be accorded for installation of towers within 100 metres of high security zones and buildings, zones where natural drainage is located and where local administration has imposed restriction.
The Orissa High Court, in an order, stated that “when a particular land or building comes within the jurisdiction of a ULB or also within the development area under the provisions of Odisha Development Authorities (ODA) Act, the provisions of both ODA and Odisha Municipal Act or the Municipal Corporation Act, as the case may be, shall apply. The application of both the Acts is not alternative but simultaneous.”
Subject of telephone, wireless, broadcasting and other communication relates to Commerce and Transport Department but installation of towers is within the ambit of the ULB or the DA and the department will make appropriate guidelines for its implementation, the court stated.
While the ULBs and DAs will regulate the permits for the installation as per the guidelines of the Union Government and the Orissa High Court, the two agencies will decide the fee structure as well as renewal procedures with approval of respective governing authorities and municipal councils. The draft regulation will also take note of the radiation from the towers and impose restriction on installation of instruments that emanate radiation. The regulation stipulates that for installation, first preference will be given to locate towers in forest areas and vacant places, non-residential buildings, municipal buildings and select Government buildings. An area of three-metre radius around the tower should be declared as ‘setback’.