HOW CAN A COUNTRY FUNCTION IF CENTRE , STATE AND LOCAL BODY DO NOT KNOW THEIR JURISDICTION ? WHERE CAN IGNORANT , UNAWARE SUFFERING CITIZENS GO IF GOVERNMENT DOES NOT CLARIFY JURISDICTION OF CENTRE , STATE AND LOCAL BODY ? WHY DO BUREAUCRATS ONLY GIVE VERBAL COMMITMENTS AND NOT WRITTEN ? We had sent email on 1/3/13 as we did not receive replies from the DoT PRAKASH MUNSHI 1/3/13 to pk_panigrahi Dear Sirs, We are approaching on behalf of concerned citizen groups from Mumbai to confirm that all other parameters except EMFR norm which is fixed by Ministry of Communications and Information Technology as give below is within the Jurisdiction of the BMC. This has been confirmed to me when I met Mr.Arora and also on phone. Brihan Mumbai Municipal Corporation can fix the following Norms: 1. Number of Mobile Towers Antennae on any Building 2. Impose ban on Cluster of Mobile Tower Antennae on any building 3. Ban on Mobile Tower Antennae at a height lower than a neighbouring building 4. Height at which the Mobile Tower Antennae should be installed on top of Buildings 5. Ban on installation of Mobile Tower Antennae on Sidewalls of Buildings 6. Ban on installation of Mobile Tower Antennae on Sidewalls , Terraces of Hospitals , Nursing Homes, Educational Institutions , Old Peoples Homes, Government Buildingsand Heritage Buildings 7. Restriction of Mobile Towers Antennae at a distance of 100 meters from Educational Institutions,Hospitals , Nursing Homes, Old People Homes. 8. Power transmission limit per Antennae or per Site 9. Distance between uilding on which Mobile Tower Antennae fixed and neighbouring Building as per guideline given by DoT. Can it be different. For example instead of 35 meters for 2 Antennae can the BMC make it 50 meters for 2 Antennae. All above should be with RETROSPECTIVE EFFECT irrespective of when the Mobile Towers Antennae were fixed. BMC has the prerogative to fix the Tax on Installation of Antennae may be slab wise increasing the Tax % depending on the number of Antennae installed. Please send us the confirmation at the soonest so that the BMC can issue the Revised Norms as per their Technical Personnel ( Development plan & Building Proposals ) recommendations. It is sad that some Industry Authorities say that what right has BMC to tell anybody where to install the Antennae and to also doubt the Integrity of our Brihan Mumbai Municipal Corporation by saying that BMC has an ULTERIOR Motive of wanting more money from the Cellular Operators. We await your confirmation. Regards Munshi Attachments area Preview attachment JURISDICTION OF CENTER STATE AND MUNICIPALITY 010213.xlsx Excel JURISDICTION OF CENTER STATE AND MUNICIPALITY 010213.xlsx _________________________________________________________ JURISDICTION DEBATE OCTOBER 2014 In the last two years we were treated like a football as none at the State and Local Body claimed to know their Jurisdiction while the Centre did not give any written communication in this regard to us. We sent emails to DoT and Ministry of C & IT who informed us verbally that all locational policies were to be formulated at the State level. We have sent them an email on 01/03/13 copy sent to you . This mail was not replied by them. We spent almost a year with the BMC to formulate Regulations and formulate a Policy for the Installation of Mobile Tower Antennae in Mumbai. The Draft Policy was finalised and signed by the Municipal Commissioner on September 11, 2013 The Draft Policy was to go to the General Body for approval but was stopped. We do not know who stopped the same from moving to the General Body of BMC for approval. All this time the Centre , State knew of the happenings at the BMC. We were next informed that the State Urban Development Department would formulate the Regulations for Installation of Mobile Tower Antennae . The Industry and the Citizen Groups were invited to give their suggestions and the Urban Policy was clandestinely put in the Gazette on March 4, 2014 one day before the Code of Conduct became applicable for the Parliamentary Elections. ( Copy enclosed ). Objective being that we could not do anything till the elections were over. We had further discussions with the Urban Development Department who got further clarifications from the Co-operative Department who notified fresh rules as attached. The Industry has now obtained a Stay Order paralysing the State Government , Local Body and Citizens from performing their duties by saying that the State and Local Body do not have any Jurisdiction to formulate Policies and Regulations on Installations of Mobile Towers . While we fight the Stay Order the Industry continues to renew its contracts , erect illegal Towers / Antennae and create Health Problems for Citizens. Where can we go the middle class Citizens against the mighty powerful - politically and financially Cellular Industry. We do not have the funds even to become an Intervenor in this Writ Petition case. Please also see the you tube link of Shri Mangal Prabhatji Lodha our very own Maharashtra Member of Legislative Assembly from Malabar Hill. Here is the link to the video: https://youtube/watch?v=FM2f9Tnw8tM&feature=youtu.be I have posted it on our Facebook page as well. (https://facebook/reduceemfradiation)
Posted on: Thu, 23 Oct 2014 04:24:59 +0000
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