LHC on cell towers in residential areas

Published July 24, 2008

LAHORE, July 23: Lahore High Court (LHC) Justice Syed Asghar Haider has observed telecom companies should not be allowed to erect towers in residential areas.

The judge handed down the observation while disposing of a petition by the Pakistan Mobile Telecommunications Limited against sealing of their two towers by the district officer environment. The judge directed the petitioner to raise his grievance before the district coordination officer, who will decide the matter in 30 days.

The petitioner said that on May 19, 2008, the district officer (environment) stopped them from erecting the base transceiver station (BTS) at Data Colony, Faisalabad, and Kot Lakhpat, Lahore. He set up the BTS throughout Pakistan with the permission of Pakistan Telecommunications Authority.

He said when they were about to finish setting up their 22 meters high tower in Faisalabad and Kot Lakhpat, the DO (environment) sealed the BTS as well as equipment. The principle of natural justice was not followed as the petitioner was not issued any notice.

He said the DO had wrongly invoked section 12 of Environmental Act 1997 before sealing their equipment as the petitioner and cellular companies had been in the business of setting up towers since 1992 whereas the Environmental Act came into existence in 1997.

He said the legislature had excluded the setting up of tower from the act, so he was not required to file Initial Environmental Examination unless the project was likely to cause an adverse environmental effect.