The Kerala high court ruled that a mobile operator cannot use a temporary mobile tower, known as a "cell on wheels," to circumvent a stay granted by a tribunal or court on the building permit for a permanent mobile tower.
After hearing an appeal filed by Indus Towers Ltd, a division bench comprised of Justice K Vinod Chandran and Justice M R Anitha issued the judgement. The aim of the 'cell on wheels,' according to the Court, was to cover when the construction of a permanent tower continued with a valid building permit.
The building permission for a permanent tower at Manappilly near Ayyampilly in Ernakulam had been suspended by the tribunal for local self-government institutions, and a solitary bench had refused to interfere. The appellant then sought permission to install a "wheel cell," and argued before the divisional bench that a building permit was not required.
The bench stated that such an argument would be rejected by the court, adding that the residents' complaint is not limited to the structure or structural amenities, but also to the tower's functioning in the region.
“If a building permit is denied or interfered with by a competent court, the telecom operator or their service provider could install a mobile tower to get around the objections of the nearby residents,” the division bench said in the judgement, agreeing with the single bench's decision not to issue an order in favour of the appellant.
