According to Digital Infrastructure Providers Association (DIPA), non-adherence of the New Okhla Industrial Development Authority (NOIDA) and Ghaziabad Development Authority to the Uttar Pradesh (UP) Right of Way (RoW) Policy, 2018 will impact telecom connectivity and rollout of digital infrastructure in these areas.
DIPA has stated that its members have received multiple rejection orders from NOIDA and Ghaziabad Development Authority stating that towers are not permitted to be installed in residential areas, location-based restrictions, and licence fee. However, these rejections are not in line with Indian Telegraph Right of Way Rules, 2016, as amended in 2017, 2021 and 2022 as well as orders issued by the government of UP dated June 15, 2018, and subsequent. DIPA is of the view that telecom connectivity may suffer in UP due to tower sealing and permission delays, as to date more than 480 tower applications have been rejected by both the authorities. These issues need urgent intervention and support, further delay will have severe implications on the telecom connectivity and impact the essential services if not implemented immediately.
In a letter to Durga Shanker Mishra (IAS), chief secretary, Government of Uttar Pradesh, and Manoj Kumar Singh (IAS), chairman, NOIDA, Administrative Comple, T.R. Dua, director general, DIPA, said, “We urge Durga Shanker Mishra and Manoj Kumar Singh to intervene immediately and provide support to the landlord(s), who are under tremendous pressure as their property(s) worth crores are being directed to be resumed and sealed just because of the installation of communication sites. We also request support in convincing the NOIDA authority about the importance of communication infrastructure and the need to allow its operations without any coercive action. In NOIDA, DIPA’s members have received a copy of an order dated April 20, 2023, which states that the NOIDA authority has cancelled the lease deed of some of the owners solely on the ground that said landlords has allowed installation of a digital communication site on the roof of his property to enable mobile communication network in the area. Additionally, the authority has directed that the entire property of the landlords be resumed, sealed. Looking at this extreme action, the landlords have switched off the site(s) impacting the availability of communication network in the area. Even other landlords are being threatened of similar action if they continue to allow communication sites operations from their properties. These actions are not aligned with the orders issued by the government of UP and the Department of Telecommunications (DoT).”
Ghaziabad Nagar Nigam has the gazette notified Ghaziabad Municipal Corporation Byelaws on September 10, 2022. Some of the clauses under these byelaws are not in alignment with UP’s existing telecom policy and central RoW Rules 2016. Major issues in the said byelaws are location based restriction and additional charges (Rs 25,000/- per annum per tower) being demand in form of licence fee.
Further, Dua added, “Since telecom infrastructure is required to be installed on all types of properties irrespective of user factor basis requirement of communication network and same is required to be regulated as per the Indian Telegraph RoW read with orders dated June 15, 2018, and October 5, 2018, as such, we request for kind intervention and advising the state government to withdraw such cancellation notices issued to the landlord(s), to hold and withdraw any sort of coercive actions (taken/proposed), to amend their rules in line with Indian Telegraph RoW Rules 2016, to allow communication sites in residential areas, to direct Ghaziabad Nagar Nigam to withdraw all demand notices issued by it to various landlords in Ghaziabad regarding demand of alleged annual charges as per byelaws, Immediate support in alignment of state ROW policy and/or byelaws/ guidelines of other departments/authorities across state of UP in accordance with the Indian RoW Rules, 2016 as amended till date to ensure speedy availability of 5G services to the citizens.”
