The Supreme Court on Monday stayed a Rajasthan government order directing mobile operators to remove cell towers within 500 meters of jail premises by June 8, 2017.
A Vacation Bench of Justices A.K. Sikri and Deepak Gupta issued notice to the Rajasthan government to hear the State’s version. The stay came on a plea by the Cellular Operators Association of India (COAI)
COAI, represented by senior advocate Kapil Sibal, submitted that the order, if implemented, would entail the removal of 500 towers. The dislocation of the towers would affect the services for 80 lakh customers. It sought a direction to the State not to seal the mobile towers or take any coercive step against the cellular operators in pursuance of the May 9 order.
The COAI said that cellular operators had 400 base transceiver stations (BTSs) within 500 meters of jail premises in the State, which include base station controllers sites. If they are removed, it would result in poor quality of service.
It said that its appeal against the November 27, 2012 judgement of the Rajasthan High Court, which had directed removal of mobile towers from hospitals and schools within two months and from within 500 meters of jail in six months, was pending before the apex court.
The association claimed that the August 31, 2012 policy decision of the State government, requiring the removal of cell towers within 500 metres of jail premises, had been “superseded” by the State on February 6 this year. “It is submitted that not only is there no restriction now on establishing cell towers 500 meters from the jail premises, but the operators/applicants herein are entitled to establish towers inter alia on public/private locations including roads, parks, playgrounds, hospitals, schools, land earmarked for public utilities,” it said.
It contended that the May 9 order was issued pursuant to an order of April 6, 2017 passed by the Rajasthan High Court, which was based on the government policy of August 31, 2012, now superceded by the “new policy.”
The COAI contended that “since no policy restraining the establishment of towers within 500 meters of jail premises exists, the executive order dated May 9, 2017 need not be implemented by the operators/applicants herein.”
