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•n the matter of;Delhi Vfo^. :o--- ^";;_/"MCD Vs. Cellular Operators Association of India @ Ors. ^is Hazo^ toiu'^

3elhi-n0O54LPA No. 572/2011

Settlement/Agreement01.20X7

Present; Sh, Sanjay Y^dav, Executive Engineer (Building HQ), SDMC,5h. Udit Ratna, Chief Town Planner, SDMC, andSh. Surinder Kumar, DUO, SDMC,^

Sh. 5.K. Mishra, Executive Engineer (Building HQ), NDMC.Sh, A.D. Biswas, Chief Town Planner, NDMC

Sh, Sanjay Kumar, Executive Engineer (Building HQ), EDMC.Sh. Rakesh Ailawadi, Chief Engineer (Building HQ), EDMC.Sh. Sunil Kumar Mehra, Chief Town Planner, EDMC.

Sh. Manjul Bajpai, Advocate for Respondent no, 1, Cellular OperatorsAssociation of India

None for Respondent no. 2, AUSPI

None for Respondent no. 3, T.R. Dua and Respondent no. 4, 5.K. Khanna

Khursheed Ahmed Bhatt, Regional Network Head for respondent no. 5,Aircel Ltd.

Sameer Chugh, Director (Legal and Regulatory) for respondent no. 6,Airtel.

None for respondent no. 7, MTNL

Sh. Sanjay Kumar Sinha, Sr. Manager (Legal) for respondent no. 9,Reliance Communication Ltd alongwith 5h. Gaurav jain, Advocate.

Sh. Anuj Bhatia, AGM (Corporate Affairs) for respondent no .11, VodafoneMobile Services Ltd.

Sh, Vikram Singh, Sr. Manager (Legal) for respondent no. 12, Indus TowerLtd.

None for respondent no. 13, Department of Telecommunication,

Sh. Pankaj Kumar alongwith Sh. Satik Mahapatra, Advocate for IdeaCellular Ltd. (respondent in LPA No. 573/11)

Sh, Naresh Arora, V.p (Legal) and Sh. Raj Shekhar Rai, Advocate for ATCTelecom Infrastructure Private Ltd,

Sh. Parveen Sharma, Vice President, Corporate Affairs, Sh, Vineet Goeland Ms. Nayan Tara for Reliance Jio Infocom Ltd.

Ms. Srishty Chadha, Sr. Executive (Legal) for GTL Infrastructure Ltd.

Sh, Sanjeev Kumar Tirthani, DGM (Legal) for Tower Vision India Pvt. Ltd.

TiS H^EDIATION

Khurshfied Ahmed Bhatt, Regional NetworkHead for respondent no, 5, Alrcel Ltd,

Udit Ratna,Chief Town Planner, SDMC,

/.. .ivocate for Respondent n

Cfeilular Operators Association of India

Sanjay Yada^,, ,™,-Executlve Engineer (Building HO).SDMC,

vhoThe said agreement shall be binding on those Operators

participated and in agreement of the proposal of the Cellular Operators AsspdaticIn^ia and agreed by the Corporation.

It is also clarified that this settlement is arrived between the concernedparties without prejudice to their submissions made or to be made before the Court,

The present Settlement Agreement is subject to all applicable laws, rules,regulations etc., including the Indian Telegraph Right of Way Rules, 2016 dated15.11.2016, ^nd these Rules shall be placed before the Hon'ble High Court ofDelhi by the parties for its consideration.

The companies namely Alt Telecom Tower Co, and ATC TelecomInfrastructure Private Limited, GTL Infrastructure Ltd. and Tower Vision India Pvt. Ltdhave settled keeping in mind the status and importance attached to the NationalCapital Territory (NCT) of Delhi as the Capital of India and more Importantly, in view ofthe explicit assurance by the COAl and ail its member companies to bear the entirefinancial impact that the acceptance of this proposal would entail on them,

Cs. r'' sessions were held with the parties to facilitate negotiations.

Brief facts of the present cases as disclosed by thf P^^'es ^^ cJjrespondents In LPA No, 572/11 filed wnt petitions beanng no. WP i*f'':u^' *1(C) 3423/2010, WP (C) 439/2010, WP (C) 13863/2009, WP (C) 14178/2009, WP <C>14199/2009 WP (C) 2382/2010 and WP (C) 4084/2010 impugning Office Order aaceo20.11.2003 Circular dated 7.02.2008 and Office Order dated 8.04.2010 issued by theMCD (Now represented by SDMC, EDMC and NDMC) levying, fee and stipulating otherconditions for grant of permission for installation of temporary structures/towers onrooftops for providing Cellular Basic Mobile Phone services. The said Writ Petitionswere decided vide order dated 29.04.2011 passed by Hon'ble Mr. Justice Rajiv SahaiEndlaw, Feeling aggrieved, MCD (Now represented by SDMC, EDMC and NDMC) filedthe LPA No. 572/11, against Cellular Operators in the LPAs as detailed hereinabove.Vide order dated 22.07.2016 passed In LPA No. 572/2011, the dispute between theconcerned parties was referred for mediation.

The concerned parties after negotiations have agreed to settle theirdisputes as per the terms and conditions as contained in Annexure 'A1.

Sh. Surendra Kumar, Deputy Law Officer, SDMC informed that terms andconditions mentioned in Annexure 'A' are as per resolution of the Standing Committeeand decision of Corporation.

Srishty Chadha, Sr, Executive (Legal) for GTlInfrastructure Ltd.

t^^^

7V~T /Nayan Tara roc Reliance Jio Infocom Ltd

Vj^esfGoel for Reliance Jio Infocom Ltd.

Parveen Sharma, Vice President, CorporateAffairs

Raj Shekhar Raft Advocate.ft>r ATC TelecorrInfrastructure Private Ltd.

3V)iNaresh Ar^sr^PltegaT) for ATC T^^lecorrInfrastructure Private Ltd.

Sunil KurTi^r"Mehra. Chief TownSatik Mahapatra, Advocate for Idea CellularPlanner, EDMC.Ltd. (respondent in LPA No. 573/11)

Sh. Rakesh AilawsEHrCfilef Engineer PankafKumar Advocate for Idea Cellular[Building) HQ. EDMCLtd, (respondent in LPA No. 573/11) •

A.D Biswas. Chief Town Planner, NDMC Anuj Bhatia, ASM (Corporate Affairs) for

respondent no .11, Vodafone Mo^ ^yJ&-.Services Ltd/-,

5anjay Kumar, Executive E^gineernTT(Building HO), EDMC.Vikram SingW, Sr. Manager (Legal) for

respondent no. 12, Indus Tower Ltd.

[Building HO). NQMC.Regulatory) for respondent no. S, Airtel.

(Dr. Suohir Kumar Jain)judge In charge,

Mediation CentreTis Hazari Courts,Delhi/30.01.2O17

The contents of the settlement have been expl^ined to the parties invernacular and they have understood the same and have admitted the same to becorrect. Settlement proceedings be sent to the Hon'bie Delhi High court.

Sanjeev Kurd^i-Tnthani, DGM (Legal) for

Tower Vision India Pvt. Ltd

1. Application to Delhi Urban Art Commission (DUAC) or Delhi FireService (DPS), in pases where the tower is installed on thebuildings covered under the guidelines of DUAC or DFSwherever app i f cable shall be submitted at the single window.

NOC of Archaeological Survey of India (ASI), Airports Authority?f India (Ml)' (only In case if the location is marked in red zonein Colour Coded Zoning Map (CCZM) specified by Ml}~wherewer applicable.

In sjtes which do not have a generator set and are poweredonly with electricity mains and secondary batteries, theclearance from Delhi Pollution Control Committee (DPCC) willnot be required.

Delhi Metro Rail Corporation (DMRC) application shall only tobe submitted in case the G8T / RTT is In the DMRC notifiedcorridors, wherever applicable, will be obtained.

In case such NOCs have already been obtained bv theapplicant company, the copy of same will be submitted to the

SETTLEMENT FOR PERMISSION FOR INSTALLATION OFTEMPORARY STRUCTURE FOR CELLULAR MOBILEPHONE TOWER / SERVICES FALLING IN THE AREASUNDER THE JURISDICTION OF SOUTH / NORTH / EASTDELHI MUNICIPAL CORPORATION

(1)Standing Committee in its meeting heid on 04.1^.2016wide Resolution No. 73 - Item No.44; and (20 the

• Corporation, wide its Resolution No. 208 dated 19.09.2016- as Circulated wide letter No. F.33/Corp./HC/870/C^C dated

"14.10,20.16, resolved

(2)Standing Committee in its meeting held on 7.9.2016 wideResolution No,151 Item No.57 and (2) the Corporation,Vide ^a. Resolution No.263 dated 17.10.2016ascirculated wide let^r " No. F.33/corp,Cammittee/HC/988/C&C dated 8,11,2016

(3)Standing Committee in Its meeting held on 8.9.2016vide Resolution No. 68 Item No.30 and (2) theCorporation1^ vide its Resolution No 79 dated 26.9.2Q16as circulated vide letter No. f .33/Corporet)oiV746/C&Cdated 4.10.2016.

ANNEXURE 'Al

Deed of Settlement

As per guidelines of Department of Telecommumcations(DOT), a Copy of application for Standing Advisory Committeeon Frequency Allocation (SACFA) clearance acknowledged byWPC Wing of Department of Telecommunication, Govt. of Indiawith registration number for the individual location will besubmitted alongwith the application for new towers in theCorporation and the SACFA clearance, when obtained will besubmitted within 6 months of granting permission. The self-declaration in this regard will be submitted by the applicant Incase of existing mobile towers the SACFA clearance, whereveravailable, will be submitted alongwith the application in theCorporation.

The licensees or registered IP-Is may share the towers forfixing their respective antennas provided that the prescribedconditions are duly fulfilled so as to ensure curtailing ofmultiple towers and optimizing the use of the existing ones.There shall be no additional charges for the sharing of towers,

effect will be submitted by then will not be liable to inform the

r or infrastructure provider before takinglauthorized building.n against the

Structural stability certificate from any one of the following si^institutions are required to be obtained ^y the Cellular andBasic Cellular Operators/registered IP-J:

la) Indian institute of Technology (NT), Delhi:(b)Indian Institute of Technology (MT)< Roorkeee;(c)Central Building Research Institute (CBRI), Roorkee.(d)Rail India Technical & Economic ServicesLtd.

(RITES), Delhi;(e)National Council for Cement & Building Material, 34

KM Stone, Delhi Mathura Road, Faridabad(Haryana);

(f)Any Government Engineering College In Delhi and-National Capital Region;

. In case of buildings which were unauthorized or which may beso declared at a latr

\>

to Pole/Tower/ Mast, Acregard will besubmitted.

The licensees and registered.IP-Is shall be responsible for anydamage to life or property caused by the Pole/Tower/Masr. w,case It Is proven that the damage has been caused solely dueto Pole/Tower/ Mast, Accordingly, an Indemnity Bond In thk

7. The lice'

. Towers Roof Top Tower (RTT) /Ground Based Tower (GBT).)/Ground Based Mast (GBMi until Jan 1, 2015.

i. For the period 08-04.2010 to 31-12.2014

Rs. 150,000/- for 5 yearsirrespective of sharing with effectfrom the date of installation

B. Prospective from 01 01.2015 for RTT/GBT/GBM

i.Rs,200,000/- for 5 years irrespective of sharingwith effect from the date of installation

:. For towers installed prior to Issue of policy dated03,04.2010 of erstwhile Municipal Corporation of Delhiunder the Policy of 2003, If charges were previouslydeposited under the previous policy of the year 2003, then

•no additional charges shall be required to be submitted. Ifsuch fee was not paid, then the.fees payable shall be Rs.100,000/- till 08-04,2010. For subsequent years, charges toOe paid as per a & b above.

a. Pole sites: Pole sites per Operator up to 12 M height

i. Rs.20,000/-ii. Duration 5 years

ill. With effect from 01.01.2016

e. All payments made under protest as per the interim Orderof the Delhi High Court dated May 31, 2010 shall beadjusted against amounts to be paid as specified above,either for the sites installed between 2010 - 2014 and alsopostjanuary 2015.

s below:E ;The Fe

.Further, compliances of Clause No 9,2.5(0 and (d), after9 2 5(b) in Chapter-9 (Provisions for Structural Safety. NaturalDisaster, Fire and Building Services) of the newly notifiedunified Building Bye-Uaws-2016 shall be ensured,

? r sites to Be installed in the areas marked under reds per CCZM specified by Ml. NOC from Ml/ SACFA

The application will be submitted by TelecomService Provider Company or InfrastructureProvider Company having valid license from theDepartment of Telecommunication, Govt, of India.

The applicant company will submit thebuilding plan and location plan of flhe existing

owner of roof rights

(b) For RTPs - Copy of agreement ;from ownerof roof rights.

ant fror

(a) For RTT 6, GBT - NOC from all thethe building and Copy of Agreeowner of roof rights

A For CGHS: WOC/ Copy of Agreement fromManagemen.t.Cpmmittee/Administrator;

B.For DRA/ Group Housing: NOC/ Copy of Agreeifrom RW/^ qf that .Group Housing;

C.For plotted development:

/ill submit as below:13.Theapplic

o. roi providing generator set for new mobife tower and towerinstalled till 01.01.2015, a copy of the type test certificate

• : issued by Automotive Research Association of India jarai] toi*"*^the manufactures of the Diesel Generator (DG! Sets as per

guidelines issued by DOT will be submitted alongwith theapplication.

For generator set installed on mobile towers installed prior to01,01.2016, certificate from Delhi Pollution Control Committee(DPCC) or its authorized agency will be submitted within 6months of date of issugr of this Policy.

9,The Operator shall en^ure the safety guidelines issued by DOTin this regard. However, a Self-Declaration in this regard will besubmitted by"the applicant.

10,The responsibility and authority for sharing alongwith requisitefee shall lie with the applicant company,

11,The complaints relating to EM.F emissions, if any will be referredto Department of Telecommunication/ TERM Cell, "Governmentof India.

12.The mobile towers installed without permission post-issuance Ofthis Policy will be regularized as per rules alongwith the penalty<> 25% of the requisite permission fee as per clause 6,

(0For plptted qrngnt;1 P FtTT/ GBT/GBM

rs of the builg and Copy ofAgreement from owner of roof rights.

2. For RTPs - Copy of agreement fromowner of roof rights,

i- Tower/ mast design duly signed by the applicant andStructural Engineer;

i -c

pted devqloprngnt;Por FtTT/ GBT/GBM - NOC from all theowners of the building and Copy ofAgreement from owner of roof rightsFor RTPs C

a.Application submitted to Delhi Urban Art Commission,^" .wherever applicable;

b.Application submitted to Delhi Fire Sen/ice, whereverv.^'" •applicable;• 7" ••c Structural Safety Certificate;

d.SACFAAppiiCatron;e.Self-declaration for SACFA clearance, when obtained,

within .6 months;f.Copy of type test certificate issued by ARAI to the

Vmanufacturer of the DGsets, if applicable;g. Indemnity Bond as per clause 3 and 7;h. Self-declgr^tion-as per clause 5;i. The appllcantrwill submit as below;

(a)For CQHfi: NOC/ Copy of Agreement from the; Management Committee/Administrator;

(b)For PDA/ Group Hou^lno: NOC/ Copy of^_.< -t^. \ Agreement from RWA of that Group Housing;

10 Copy of rele^ant license/Infrastructure providerregistration cert^ficate of the company issued bvnrti ePa;ment <•' Telecommunication, Gout, of

India [s to be givenoermi^i^ "''"'" 'tte Kr™ & "ndibons, theSoo^m ^k T" be "i0"l^^"n after grantingoppoftunlty of hearing to the applicant.

^ "̂^'""he91'g^!d^a" TT '""" ^""> ' ""^ *"^

Teiecommu^icaBohs Goiernm. t ^f ^"^ D=Part™nt 'the Corporation. ^overnment of India and the poti^y.jtt

I^.che^iist which wili be applicable from date of issuance of this

^ : <yr for RTT and RTPs.

a.The concerned Zonal Engineer will act as a Nodal Officer forgranting permission for new mobile cowers and farregulartzation of existing Illegal mobile towers as per law,

b.All applications will be processed as per the above settlement.

c Permission shall be granted in a tone bound manner whichshaH not exceed 3^ (thirty! calendar days from trie pate offiling of application, In cases where no external permission

be treated as deemed permission.

17. Pfgcaaa^ng gf ^^

Of We building and Copy of Agreementfrom owner of roof rights.

^- For RTPs - Copy of agreement frompyyner of roof rights.

Copy of relevant license/infrastructure providerregistration certificate of the company issueo by meDepartment of Telecommunication, Gout, of rnd^ isto be given.

, p,P|/ ,^^ pjlpg OC/ pyAgreement from RWA of that Group Housing;

Fpr p

Application made to Delhi Urban An commission,wherever applicable:

, Application made to Demi Fire Service, wnereverapplicable,SAC FA Application:

-Self-declaration for SACFA cfearsnce, when obtained.within 6 months: "

. Copy of type test certificate issued by AAAl to themanufacturer of the DO sets, If applicable;

. indemnity Bond as per clause 3 & 7-Self1^declaration as per clause S& 9. The applicant will submit as below-

t. Fpr C^H$; NOO Copy of Agreement from meManagement Committee/ Administrator:

, p,P|A/ ,(^fp^p Hopjlpg: HOC/ Copy oft f RWA f tht G Hi

•'' \. Copy af relevant license/infrastructure provider

registration certificate of the company issued by theDepartment of Telecommunication, Government ofIndia is to be ^iven;

\%hf

/ill forward the Application within• V^ 07 working days of receipt by the concerned Nodal Officer for

f 'j-'-T permission from agencies other than Municipal Corporation^ ' ;(such as DUAC, DFS, AAI, DMRC, ASI, etc),

f.The deemed permission will not exempt the applicant fromdeposition of application charges and submission of requisite

h documents and clearances, The application will be submittedby che applicant company along ownership document of thebuilding / Floor, MQC / agreement of the owner and otherrequisite documents and fee. The cases having all the reaulsftedocuments will be referred to other Departments as applicablewithin 10 days. The deficiency, If any, will be communicated bythe Building Department to the applicant company within 10days and after receipt of all the requisite documents, the casewill be forwarded to other Departments as applicable withinnext 10 days. After receipt of the clearances of all theDepartments, as applicable, the permission will be grantedwithin lo days.

g,A copy of the permission will be sent by Building Department^to A&c Department for Imposing requisite tax,

il Corporatio

30 calendar clays window For clearance will commence onco oilthe documents (as per the check-list given In ^urs No, 16) aresubmitted,

Subject:- Guidelines for Installation of Mobile Towers In residential areas - regarding.

Sir,The undersigned is directed to refer to your e-mail dated 09.04.2018 on the above noted'

subject, In this regard, a copy of advisory guidelines issued by this department for installation ofmobile towers is enclosed for your reference. It Is also Intimated that detailed Information on towerpolicy and radiation related issues have been provided in public domain and Is available on dotwebsite.

With regard to impact of Electromagnetic Field (EMF) emissions from mobile fowers enhealth, it is intimated that World Health Organization (WHO) has referred to approximately 25,000

* articles published around the world over past 30 years, and based on an in-depth review ofscientific literature, has stated, "Despite the feeling of some people that more research needs to bedone, scientific knowledge in this area is now more extensive than for most chemicals." WHO hasconcluded - "current evidence does not confirm the existence of any health consequences fromexposure to low level electromagnetic fields".

The mam conclusion from the WHO reviews is that EMF exposures below the limitsrecommended in the International Commission'on Non Ionizing Radiation Protection (ICNIRP)international gudelines do not appear to have any known consequence-on health. Department ofTelecommunications in the year 2008, adopted the International Commission on Non IonizingRadiation Protection(ICNIRP) guidelines that are recommended by WHO. for basic restriction andlimiting reference levels of electromagnetic radiation from mobile towers. *

Department of Telecommunications (DoT) had constituted an Inter-Ministerial Committee(IMC) consisting of officers from DoT, Indian Council of Medical Research (Ministry of Health),Department of Biotechnology and Ministry of Environment and Forest (MoEF) on 24.08.2010 toexamine the effect of EMF Radiation from mobile base st^tions and mobile phones. Inter-MinisterialCommittee (IMC) in its report dated 31.12.2010 examined the environmental and health relatedconcerns and Indicated that most of the laboratory studies were unable to find a direct link betweenexposure to radio frequency radiation and health; and the scientific studies as yet have not beenable to coniirm a cause and effect relationship between radio frequency radiation and health. Theeffect of emission from cell phone towers Is not known yet with certainty. The Inter-ministerialcommittee (IMC) examined several international and national studies/reference papers, related withthe FMF radiation, before finalizing its recommendations.

Based on the recommendations of IMC, the norms for exposure limit for the RadioFrequency Field (Base Station Emissions) in India were made 10" times more stringent by reducinqto 1/IOtK of the existing limits prescribed by International Commission on Non Ionizing RadiatmnProtection (ICNIRP),y

Contd.,2

Ms Niti Mendiratta

No. 16-01/2018-CS-III/l

Government of India-Department of Telecommunications'j *7\

( Carrier Services Cell -III) Sanchar Bhawan//-^20, Ashoka Road, New Delhi-110001

(Matiish tnpathl) ^Assistant Director (CS 111) ^

23036189

Hope the foregoing sufficiently addresses your concerns.

This issues with the approval-of the competent authority.

^.rtot.oov.ln;iourney.emf *C'!

(2)

These ^orms were further considered by 3 larger Committee, that was constituted in a WritPetition filed in Hon'ble High Court Allahabad, Lucknow bench. The Hon'ble Court vide Its orderdated 10.01.2012 constituted a committee including Members from HTs Kharagpur, Kanpur, Delhi,Roorkae. Bombay and from other scientific institutions of the country including Indian Council ofMetfcal Research (1CMR), Indian Institute of Toxicology Research Lucknow, Science & EngineeringResearch Boaid (SERB) under the Department of Science'& Technology and Ail India Institute ofMerfical Science (AIIMS) Delhi who submitted its Report on 17-01-2014. After due consideration ofthe human health concerns on account of EMF radiation being raised In public and the Report of theCommittee, tne Government has decided in February 2014 that the present prescribedprecautionary EMF safe exposure limits are adequate and need no further change at this stage.

Making the norms ten times stricter than what has been prescribed by ICNIRP andrecommended by WHO, obviates the need for having separate norms for residential areas. Further,Government of India has taken adequate steps to ensure that Telecommunications ServiceProviders strictly adhere to these prescribed norms. Accordingly, no restriction has been Imposed ontns^aflatjoo of mobile tower in residential areas, subject to their meeting the norms for prescribed

limits.Government of India has also put in place a well-structured process and adequate

mechanism to ensure that Telecommunications Service Providers-s^rictly adhere to these prescribednorms. All new mobile BTS sites start radiating commercially only after ensuring adherence toprescriasc norms and, after submission of certificate to this effect to relevant Licensed Service Area(L5A) field units of DoT in every cycle of two years and also In case of any upgradation /changes.These self- certificates, required to be submitted by TSPs, provide information in detail, which arebased.^r. physical measurement, well defined and accepted calculations and include variousphotographs taken on site. The data provided is verifiable and unique for the site so as to ensureits correctness. These self- certificates .are further scrutinized by LSA field units for theircorrectness. Any complaint regarding radiation from mobile tpwer, the request For EMFmeasurement can be raised through Tarang SanChar Portal, For further details following sites can '

be referred i-