‘Residents equal across state’: Why Punjab and Haryana High Court overruled a locality’s objection to mobile tower

‘Not in hands of deputy commissioner’

• It is an undisputed fact that mobile towers have been installed across the state in parks owned and managed by the municipal corporation.
• The Punjab and Haryana High Court noted that parks are in inhabited localities, but mobile towers have been installed across the state.
• The high court found that the authority concerned, under the influence of one or more residents of the locality, or to achieve ulterior motives, proposed cancellation of permission already granted.
• The court found that no reason assigned is manifestly baseless and cannot be accepted.
• Cancellation of approval already granted is one aspect, whereas asking the facility provider to relocate or carry out alteration as requested by the public entity is another aspect.

• The public entity herein never asked the petitioner to relocate or carry out changes in the network, whereas there was a request to the deputy commissioner to cancel the permission.
• It was not within the purview of the deputy commissioner to cancel permission.
• The petitioner approached the authorities concerned in accordance with the policy in force, seeking permission to install a mobile tower in said locality.
• The matter was examined by the authorities, and as per the prescribed procedure, permission was granted by the deputy commissioner.
• The Punjab and Haryana High Court noted that the permission was granted as per the infrastructure policy in force.

Justice Jagmohan Bansal was hearing the plea of Saral Mobile Project Services Pvt Ltd.

‘Permission granted then denied’

• The petitioner was granted licence by the Department of Telecommunication to set up and lease passive telecom infrastructure, such as a mobile tower.
• The deputy commissioner of Faridabad, by an order in January 2025, also granted permission under the Haryana Government Communication and Connectivity Infrastructure Policy, 2023, to erect a tower on the land of Haryana Shehri Vikas Pradhikaran (HSVP).
• However, the deputy commissioner, by another order of April 2025, cancelled the said permission citing ‘public interest’.
• It was also stated in the April 2025 order that the residents of Faridabad are opposing the installation of the mobile tower in their locality, keeping in view the health hazards of the elderly people as well as the residents.

‘Accepted request of property owner’

• Appearing for the petitioner, advocate Sumeet Jain argued that the deputy commissioner granted permission under the said 2023 policy to install a mobile tower.
• The residents of the locality raised objections, and the owner of the park, HSVP, by an order of March 2025, requested the deputy commissioner to cancel the permission granted by the January 2025 order.
• It was contended that the deputy commissioner has the power to approve or reject relocation or alteration proposed or requested by the owner of the property.
• The tower was yet to be installed and thus, the provisions of the Telecommunications Act, 2023, were not in a true sense applicable.