MOBILE TOWERS INSTALLATIONS IN SOCIETIES:

1. Mobile Tower’s Electro Magnetic Radiation (EMR), as a Health-Risk, is accepted in few Housing Societies, who have prudently & persistently refused to install Mobile Towers atop their Society building, UNLIKE some other Money-Greedy Housing Societies, who have allowed installation of Mobile Towers atop their Society building, FOR MONEY, in complete and sadistic apathy for Human Health, of its residents, apprehensively also in gross violation of various laws of the land.

MAINTENANCE-FREE SOCIETY BY CIRCUMVENTING & VIOLATING VARIOUS LAWS:

2. Some Society members feel that they should be living in a “ALL-FREE” zone (like a tribal hamlet-village), which obviously also means a hallucinated “Maintenance-Free-Society”

a)       By making themselves “Maintenance-Free-Society”, which in turn means not collecting “Common Service & Maintenance Charges” from its members, the Housing Society violates the very preamble of the Cooperative movement, and further functions in violation of the Coop. Act, Rules and its Bye-Laws, wherein irrespective of whatever, it is mandatory to collect Services Charges for the common amenities and services provided to its members.

b)       By providing “Common Amenities and Services” to its members, in lieu of “Service Charges”, the Society becomes a “Service Provider” and the Member becomes a “Service Receiver”, under the preamble of the “Consumer Protection Act”, wherein a aggrieved member may file grievance petitions for any deficiency on part of the Society, despite collecting the said “Service Charges”, for the various “Heads of Services”, more so as defined in the Model Coop. Bye-Laws.

c)        However when the Society proclaims itself as “Maintenance-Free-Society”, which obviously means due to non-collection of “Service Charges”, the member goes outside the ambit of “Service Receiver”, more so due to the fact that a “Free-Service-Receiver” does not remain a “Consumer”, within the preamble of the Consumer Protection Act, and hence cannot be aggrieved, specifically as a “Consumer” and hence cannot file grievance petitions before the Consumer Courts, for any deficiency on part of the Society, MORE SO SIMPLY because the Society (Service-Provider) did not collect any “Service Charges” for the Services, that was availed for FREE by the Society member.

EVADING INCOME TAX

d)       “Maintenance-Free-Society”, is also circumventing the “Income Tax Act”, by declaring expenses (service charges) deducting the same from the Income received from Mobile Towers. This circumvents the Income Tax payable on the Income received from Mobile Towers. Such Income received from Mobile Towers, is not the business or preamble or purposes of a Coop. Housing Society, irrespective of any Society General Body decisions /resolutions.

Circumventing payment of Income Tax, is fraud on the Country.

EVADING SERVICE TAX:

e)        “Maintenance-Free-Society”, is also circumventing the “Service Tax” laws, more so since the mandatory “Services Charges” under the Society Bye-Laws, is not collected for the common amenities and services provided to its members. The Income received from Mobile Towers is used clandestinely, to off-set the collection of the mandatory Society “Services Charges” and thereby evading the Statutory “Service Tax” that needs to be paid on the mandatory “Services” being availed by the member. This circumvents the “Service Tax” that needs to be mandatorily collected on the amount payable for the “Paid Services” being provided to the members.   Here it also means that Society members avail of “Paid Services” without paying “Service Tax”, while continuing paying money to the “Service-Vendors”. Providing such “Free Service” to members, is not the business or preamble or purposes of a Coop. Housing Society, irrespective of any Society General Body decisions /resolutions.

Circumventing payment of Service Tax, is fraud on the Country.

COOP. DEPT. STATUTORY DIRECTIONS FOR INSTALLING MOBILE TOWERS:

3. The Statutory Directions by the Coop. Dept., are effective from June-2014 and NOT “retrospectively”. HOWEVER, all agreement renewals for Mobile Towers, shall be effected by this Statutory Directions of the Coop. Dept.

a)       Minimum 70% members have to submit their individual Consent Letters (affidavits) for installation of Mobile Towers atop their Society buildings. This also means that the Society Mg. Committee has no jurisdiction to take suo-motto “stand-alone decisions” to install Mobile Towers atop their Society buildings.

b)       However even one single prudent member (with a analytical bent of mind), may successfully and lawfully JINX the proposal /intention of this majority decision of 70% General Body members for installation of Mobile Towers atop the Society buildings, using various parameters.

c)        50% Rent earned from Mobile Towers, MUST be mandatorily distributed to members, as dividends, irrespective of contradictory General Body Resolutions. This is subject to compliance of other Laws.

d)       50% Rent earned from Mobile Towers, MAY be appropriated towards statutory Maintenance of Society Buildings BUT CANNOT be used for appropriation against routine Society Service Charges. This is subject to compliance of other Laws.

e)        Maintenance of Society Buildings” means Painting, Plastering, Lift Replacement and so on ….

f)         Society Service Charges” means Routine monthly expenditure for Electricity, Water, Security, House-keeping, LIFT, Sweeper, Gardener and so on ….

g)       Mobile Towers can be installed atop the Society Buildings, ONLY after due & mandatory “Structural Audit” by a registered Structural Engineer. This “Structural Audit”, has to be conducted even for brand new Society Buildings. In the event IF a contra “Structural Audit” by another Statutory body (eg. BMC) is conducted, which falsifies the “Structural Audit” report by the registered Structural Engineer. THEN the Structural Engineer along with the Society Managing Committee, can be criminally prosecuted, leading to Seven years imprisonment.

h)      The above Statutory Directions also in turn means that each individual Society Member and their family member/s may, by legal default, choose to take recourse to filing Consumer Court cases, for huge damages /compensation for ANY Human-Health eventualities, resulting from Mobile Tower Radiations, without any reference and/or irrespective of any such majority decision by 70% General Body members. This recourse to file Consumer Court cases can be exercised by any member, irrespective of the Statutory Directions of the Coop. Dept., for installing Mobile Towers.

Note: The Statutory Directions by the Coop. Dept., ALSO applies to Advertising Hoardings, atop /aside the Society Buildings.

WHY IS MOBILE TOWERS INSTALLED ATOP YOUR SOCIETY BUILDING:

4. The ONLY obvious reason is greed and craving for Money, by those penny-pinching residents who would rather prefer Money, rather than Health.

a)      Myopic and Hallucinated thoughts and this penny-pinching attitude overwhelms and side-tracks the Human-Health of the residents and their families.

b)      The saying goes: “Penny Wise – Pound Foolish”.

WHICH MEANS get temporary pennies from the Mobile Towers and spend thousands of Pounds on recurring health issues, more so since Indian Health Insurance service providers do not consider Health concerns due to Mobile Towers.

CAN YOU INSTALL MOBILE TOWERS ATOP YOUR SOCIETY BUILDING:

5. Irrespective of the new Statutory Directions of the Coop. Dept., for installing Mobile Towers, there are other Statutory Laws that have to be complied with for installing Mobile Towers. The Statutory Directions of the Coop. Dept., CANNOT OVER-RIDE other Statutory Laws, applicable for Mobile Towers.

a)     Unlike the Articles of Association (AOA) and Memorandum of Association (MOA) under the “Companies Act”, wherein multiple objectives are pre-defined and can be conducted, the Objectives & Functions specifically of a “Housing Society” is limited and restricted to providing “Common Amenities and Services” to its members. The MCS Act, for “Housing Society’s” has no lawful provision, “as yet”, to conduct multiple objectives in a Housing Society.

b)     In Housing Societies, which are registered under the Maharashtra Cooperative Societies Act, the Society’s only preamble is to provide “common amenities and services” to its members. PERIOD. Nothing beyond that. Which in turn also means that “installing Mobile Towers” atop the society buildings, does not provide any “common amenities and services”, to its members.

c)      The objective of a Society (specifically a Housing Society) is NOT to earn /hoard money, in any manner from external sources, more specifically rental income from Mobile Towers, further more specifically because a Housing Society is lawfully NOT entitled to rent any part of its premises to non-members (means Mobile Tower operators), even if 100% of the other Society members have myopically approved /resolved for “installing Mobile Towers” atop the society buildings.

d)     Depending on one’s own inclination, an aggrieved /affected Housing Society resident may successfully file his grievance petition before the area Consumer Courts (Forum), against the legal /illegal Mobile Towers atop his Society buildings, which would result in heavy damages and compensation being imposed on the Society (as a entity), irrelevant to and irrespective of the fact that 99% of the other Society members have approved /resolved to “installing Mobile Towers” atop the society buildings. This also effectively junks down the concept of “Majority voted Resolutions in a Society”.

MOBILE TOWERS BANNED OVER SCHOOL & HOSPITAL BUILDINGS:

  1. Consequent to the directions of the Union department of Telecommunications, Mobile Tower now cannot be installed atop School and Hospital buildings, due to Health concerns, resulting from Mobile Tower Radiations.

HOWEVER, myopically the same competent and apathetic authorities failed to apply the above logic to residential buildings, wherein the same school-children’s reside & sleep, for the major part of their life.

EFFECTS /INDICATIONS of MOBILE TOWER RADIATION, on “BUILDINGS”:

  7. It could be prudent for Self-Health reasons, to look-out for:

a)    Faster Fading of wall-color, with gradual hue of ash-black coating on the building, more so near the upper floors. A alcohol-wash test will easily confirm this carbonization.

b)    Faster brittling of Electrical wiring in the building

c)     Faster carbonization /oxidation of metals (Aluminum, Copper, Gold, Silver)

d)    Birds stay away from buildings with Mobile Tower.

e)     Captive Fish in fish-tanks, kept on the upper floor, do not survive.

Online GST Certification Course by TaxGuru & MSME- Click here to Join

f)      Increase in Mosquito propagation.

EFFECTS /INDICATIONS of MOBILE TOWER RADIATION, on “HUMANS”:

8. It could be prudent for Self-Health reasons, to be always over-cautious, due to the irreversible effects of for Mobile Tower Radiations.

a)     Causes general irritation of the thoughts, which includes mood-swings, loss of concentration, chronic fatigue, impotency, hair-loss ….

b)     Very gradual loss of vital sensations/functions (hearing, taste, eye-sight)

c)      Erratic palpitations and blood pressure problems, to top floor residents.

d)     Stunted mental growth of infants

e)      Prolonged radiation exposures aggravates Schizophrenia, Parkinson’s & Alzheimer’s disease and pacemaker patients

f)       Mobile Tower Radiation is akin to “second hand smoke” emitted by Cigarette smokers. The Cigarette smoker enjoys burning his lungs AND as well apathetically burns the lungs of MANY people near him. This also means that Majority (sic) miserly members enjoy the monetary rewards of Mobile Towers BUT sadistically and apathetically also puts other dissenting minority members at Health risk.

COMPLAINTS AGAINST MOBILE TOWERS:

9. It would be prudent for a public-spirited citizen, to be Health conscious for Self and his fellow-citizens.

a)    In Mumbai, ANYBODY from the Public can make a written complaint about ANY Mobile Tower in ANY building to the zonal Deputy Municipal Commissioner (DMC), giving accurate details alongwith with the name and address of the building (Society), alongwith some photographs of the Mobile Tower. Consequent to which the DMC shall be duty bound to investigate and initiate the relevant prosecution under the BMC and the MRTP Act. IF the DMC fails to perform his duty, THEN the DMC becomes liable for prosecution under various laws of the land, more so and also under the “Maharashtra Government Servants Regulation of Transfer and Prevention of Delay in discharge of Official duties Act, 2005”

b)    It is not at all necessary that only a affected citizen or a society member or a person aggrieved by the Mobile Tower, should make a complaint to the BMC. Any person from the Public can make a complaint or file prosecution in a court, against ANY mobile tower.

c)     It shall be beyond jurisdiction for the BMC or any Court to declare that only the affected citizen or that only a Society member can make a complaint against ANY mobile tower.

d)    A written complaint regarding illegal and unauthorized “Mobile Towers” can also be made against the building owner (Society) and the designated officer of the BMC and the Mobile Tower company, TO THE “Economic Offences Wing” (EOW), within the jurisdiction of the District Police Commissioner, who shall be duty bound to investigate and initiate the relevant prosecution under the IPC & MRTP Act.

e)     It shall also be within legal jurisdiction to file appropriate Petition before the “National Green Tribunal”, for such Mobile Tower Radiation, more so since the Electro Magnetic Field (EMF) Radiation emitted from Mobile Tower’s is now classified as “Pollution”, more so specifically since such Radiation-Pollution is detrimental to the Human-Health, for which specific purpose the “National Green Tribunal” is specially constituted to uphold, protect and enforce all possible measures to safeguard Human-Health against all types of Pollution or other detriments.

f)      Private criminal complaints can be filed in the local Magistrates courts, against the building owner (Society) and the designated officer of the BMC and the Mobile Tower company, relating to ANY eventualities related to Mobile Towers.

g)    Grievance Petitions can be successfully filed with the local-area Consumer Courts, relating to ANY eventualities related to Mobile Towers, simultaneously claiming heavy damages and compensation, depending on various parameters and documentary evidences.

DOCUMENTS /PROCEDURE to INSTALL MOBILE TOWERS:

10.  As on date, In Mumbai, due license is required to be obtained from the competent authority (BMC) for installing Mobile Towers, which is granted for Five years, which is again renewable subject to totally fresh proposals and documentations, without reference to the earlier license.

a)    Civil Architect and Structural Engineers drawings & certificate

b)    Appropriate General Body Resolution of the Society

c)     No Objection Affidavit from ALL Top Floor Residents

d)    Height & Distance Certificate from a Technical Architect

e)     NOC from Fire Dept.

and many more ….

RADIATIION FROM MOBILE TOWERS:

11. The Radiation from Mobile Towers is capable of causing harmful Human-Health effects, upto 300 meters (1000 feet), from the Omni-radius of Mobile Towers, depending on various technical parameters.

a)     Multiple Mobile Towers on the same one building drastically increases the harmful Human-Health effects.

b)     Mobile Tower Radiation CANNOT be Seen or Smelled or be felt directly. It can only be measured using a radiation meter (eg. Radio Frequency (RF) meter)

c)      A possible medical remedy to off-set the chronic radiation effects, is potencies of “Potassium Iodide” of the Homeopathic medicine system, after due consultation with a experienced homeopathic doctor.

d)     Another possible solution is to use low-power Mobile Towers, with higher output repeater Towers like Outdoor Distributed Antenna Systems (ODAS).

e)      Yet another possible solution is to use open Public spaces (roads, grounds, bridges, to erect isolated high and multiple Mobile Tower Masts.

f)       Yet another possible solution is to use high-height-anchored Solar-Powered Helium Balloons for Mobile-Antennas.

g)     Yet another possible solution is to install mass network of “Microcell Antennas”, atleast in dense population areas, thus literally making it Radiation-Free

h)     Some amateurish and unverified solution is to use different layers of Aluminum (eg. mesh, screens, films, foils, fabrics and so on …. ) as deflectors of Mobile Tower Radiation.

MYOPIC EXCUSE (JUSTIFICATIONS / REASONING):

12. Various Authorities have cultivated the hallucinated maxim “There is no scientific conclusion about health hazards from Mobile Tower Radiation”.

a)    This means that such myopic & apathetic views by few such Authorities, override the Human-Health apprehensions concerns expressed by the people in a democratic country, which in turn means flushing the democratic movement down the sewage drain.

b)    This also means that these very Authorities, due to lawful compulsions, keep on formulating new laws /rules on Mobile Tower Radiations and YET keep mumbling apathetically that “There is no scientific conclusion about health hazards from Mobile Tower Radiation”.

c)     Apprehensively, a lot of vested interests is involved, for cultivating and propagating this apathy towards Human-Health.

WHAT IS THE “SO CALLED”  PERMISSIBLE LIMIT OF MOBILE TOWER RADIATION:

  13. Some Authorities have come up with “Permissible Limits” for Mobile Tower Radiation.

a)       Till some time back the radiation emitted from Mobile Towers was approx. 5000 milli watts per square meter.

b)       Hallucinating’ly and to mislead the Citizens, it is now proclaimed that the radiation emitted from Mobile Towers to the tune of 450 milli watts per square meter, is safe enough, for the citizens to bear and live with.

c)        In USA, the safe enough radiation limit is set at 600 Milli watts per square meter

d)       In Europe, the safe enough radiation limit is set at 300 Milli wattsper square meter

e)        In France & Italy, the safe enough radiation limit is set at 100 milli watts per square meter

FAILURE OF THE COMPETENT AUTHORITIES:

 14. DESPITE consistent and persistent and scientific acknowledgement of the fact of Human-Health-Risks, due to Mobile Tower Antennae:

a)     The Telecom authorities have consistently failed to formulate Human-Health-effective norms for Mobile Tower Antennas

b)     The BMC has till date been unable to frame constructive norms for erection of Mobile Tower Antennae’s, within its jurisdiction

c)      Despite of through knowledge about the Human-Health risks due to the radiation of Mobile Towers, the various health authorities and other competent authorities, have consistent failed to take lawful steps to suo-motto remove the Mobile Towers, apprehensively due to vested interests and/or due to sadistic apathy towards fellow citizens, and further taking the Country ever-increasing population for granted.

d)     The competent authorities have failed to frame policies to provide mandatory provision for providing “all eventuality” Insurance Cover for the Mobile Tower building residents, at the cost of Mobile Service Providers.

e)      The competent authorities have failed to frame policies for various legal prosecutions & compensations, for eventualities resulting from Radiations from Mobile Towers.

HARMFUL EFFECTS OF MOBILE PHONES:

  1. Gradually over a prolonged period of time, It is harmful to Human-Health to do the following with your Mobile Phones:

a)         Keeping Mobile Phone under your Pillow, distorts your thinking pattern.

b)         Keeping Mobile Phone in your breast-pocket, disrupts heart rhythm

c)          Keeping Mobile Phone in your Hip/Lower Pocket, disrupts Colon, Urine & Sexual functions.

d)         Extensive talking on Mobile Phones.

Note: Try using Hands-Free Kit .OR. good quality low-frequency Blue-Tooth kit, to somewhat off-set the evitable prolonged use of Mobile Phones.

 CHECK RADIATION LEVEL OF MOBILE HAND SETS:

  1. The “International Commission for Non-Ionizing Radiation Project” (ICNIRP) has defined a Specific Absorption Rate (SAR) limit of 1.6 watt/kg absorption ratio by the Human Body. This can be checked on Post-2013 manufactured Mobile Phones by dialing *#07# .

Note: ONLY on new mobile handsets, manufactured after year 2013.

PROTECT & DISABLE YOUR STOLEN MOBILE PHONE:

17. The unique 15 digit International Mobile Equipment Identity (IMEI /MEID) number can be displayed /checked on your own mobile phone by dialing *#06# . The IMEI number may be given to Mobile network companies and/or to the Police dept., to track or to block/disable stolen /misplaced mobile-phones.

CONCLUSION:

Cultivate yourself to be a Prudent Citizen, who values Human-Health concerns of fellow-citizens, and restrict and refrain yourself & others, from installing Mobile Towers atop Housing Society buildings, SINCE you and your family & children’s Health is getting gradually affected by such Mobile Tower Radiations.

AUTHOR: Hemant Agarwal- Email:ha21@rediffmail.com

More Under Corporate Law

Posted Under

Category : Corporate Law (3437)
Type : Articles (14572)

0 responses to “Illegal Mobile Towers In Housing Societies”

  1. tejash says:

    Dear writer,

    really a awesome article. thanks a lot for your great effort and time. keep it up.

    regards,

    tejash patel

  2. Tarun Dhingra says:

    whether a resident neighbour (other than society) could complain in Delhi and to whom.

Leave a Reply

Your email address will not be published. Required fields are marked *