'Mobile Phones Are No Longer A Luxury But An Inevitable Necessity': Bombay HC In Mobile Tower NOC Case

Mumbai: In the modern age, the inescapable reality is that “mobile phones are no longer a luxury but an inevitable necessity” — whether in bustling urban centres or the remotest parts of the country. To enable seamless nationwide communication and ensure that citizens in rural areas are not excluded from the technological revolution represented by mobile connectivity, mobile towers cannot be summarily dismantled based on misplaced fears or unverified information.

The observations were made by the Bombay High Court on Friday while quashing a resolution passed by the Gram Panchayat of Tanang village in Sangli district, which had arbitrarily cancelled a No Objection Certificate (NOC) granted for the installation of a mobile tower by Indus Towers Limited. The court held that the move was in “breach of natural justice” and was driven by “unsubstantiated complaints.”

A division bench of Justices Girish Kulkarni and Advait Sethna allowed a petition by Indus Towers and landowner Ashok Chougule, setting aside the Gram Panchayat’s August 8, 2024, resolution. The bench found that the cancellation of the NOC, originally granted on December 4, 2023, was carried out without giving the petitioners an opportunity to be heard and lacked any legal or scientific justification.

“The impugned resolution is arbitrary and in breach of the well-settled principles of audi alteram partem (hear the other side),” the court said, noting that nearly 90% of the civil work on the tower was complete when construction was abruptly stopped due to objections from a handful of villagers, who cited vague health concerns regarding radiation.

The court criticised the Gram Panchayat for acting merely on the basis of these complaints without independent verification or expert input. “Respondent no.1 (Gram Panchayat) appears to have taken such complaints at its face value and without any materials to support their decision,” the bench observed, rejecting the claim of acting in public interest.

Advocates for the petitioners – senior advocate Anil Anutrkar and advocate Sugandh Deshmukh – submitted that the Panchayat lacked the technical competence to assess EMF radiation risks and pointed to the Telecom Policy of January 18, 2024, which bars rejection of mobile tower proposals without affording applicants a hearing. The court concurred, stressing that “independent scrutiny of such complaint was legally mandated.”

It also relied on a government resolution dated December 11, 2015, which states that a Gram Panchayat, once having granted an NOC, has no authority to revoke it. Highlighting the importance of connectivity in today’s world, the bench noted: “Mobile towers cannot be summarily dispensed with on misplaced information.”

The court allowed the petition and quashed Gram Panchayat’s resolution and directed that no obstruction be caused to the completion of the mobile tower installation.