India’s Supreme Court holds tower removal order

India’s Supreme Court has put a hold on a state government order to remove all mobile towers from within 500 meters of jails across Rajasthan after a challenge from mobile operators.

The Cellular Operators’ Association of India (COAI), the main industry body for India’s mobile sector, is seeking to have the order overturned on the grounds that it would affect around 8 million people an have a cascading effect on the sector.

The order from the Rajasthan government, issued on April 6, demanded all operators remove their towers from within the vicinity of jails by early June.

In order to comply with the order, operators would have to remove a total of 400 towers, including base station controller sites catering to a further 2,500 base stations.

In the court challenge, COAI has argued that even the national Department of Telecommunications has supported operators’ position that they should not have to remove the towers.

A policy passed earlier this year permits setting up cell towers within 500 meters of jails, hospitals, schools and other public or private locations, the report notes. But this policy has since been amended to stipulate that construction of towers in the vicinity of these locations can be blocked by a court order.

COAI is seeking a declaration that operators should not have to follow the order, and that the state government should not be allowed to penalize them for non-compliance.