Vidhansabha Q and Ans For Tower Noc
Vidhansabha Q and Ans For Tower Noc
Vidhansabha Q and Ans For Tower Noc
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OFFICE ORDER
Enel ; As above.
1. Commissioner.
2. Addl. Commissioners (Zones)
1. Hon'ble Mayor
2. Hon'ble Deputy Mayor
3. Hon'ble Leader of House
4. Hon'ble Leader of Opposition
5. Hon'ble Chairman, Standing Committee
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Dear Sir,
la pursuance of the aforesaid settlement, Clause No. 16 (I), we are enclosing herewith
the documents as under:
Documents Annexure
Sr.
no.
You are kindly requested to consider our application in light of the above documents and grant
permission within the prescribed period.
For. Ltd.
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(APPLICATION FORMAT FOR RTP- Pole Site)
Dated:
REF NO..
site at
Reference! Settlement deed Aated 30.01.2017 regarding ip'ant of permisaion foy tower
and Court order Hated 28.08-2017 nageed in LPA No.
fi72/2011.
Dear Sir,
as Annexure-A,
enclosing herewith
In pursuance of the aforesaid settlement, Clause No. 16 (U), we are
the documents as under:
Annexure
Documents
Sr.
no,
A AonUcatioa made to Delhi Urban Art Commissi^ .as per clause no.l
B AopUcationmade to Delhi fire Service as perdause no.l
C NOC from AS!,DMRC,DPCC.AA1 ( where ever applicable) as per clause
no.l = —
D Structural Stability Certificate as per clause no-.^
E SACFA application
P Self - ' declaration for SACFA Cleaiwcc when obtained within s«
months
G Type test certificate issued by ARAl to the manufacturing of the DG set
(where DO Set is installed)
H Indemnity Bond as per Clause 3&7
I Self-declaration as ner Clause 5 &9
J NOr saner Clause 16,(11)
K. Copy of part LOP/ Site plan/ Rool Top Plan etc showing me location of
L -g^T'^elcvant LicencT"/ ' infrastructure
certTicate of the Applicant Company issued by the Deptt. 01
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Company —-
N. Details of tees
.W. re,u». consider our .ppliCiOn in.li^W or tlio aW.d,cn»»ts .»d -.nt'
permission Within the prescribed penod.
For, Ltd.
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INDEMNITY BOND
Companies Act, 1966, having its Circle office at , in favour of South Delhi Municipal
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3. That the INDEMNIFIER shall be responsible for any damage to the building and for
public safety for the temporary equipment/ poles installed on the above mentioned
Premises.
4. That the INDEMNIFIER hereby declare that all the condition of the settlement
agreement dated 30.01.17 shall be adhered to before and after the installation of the
said RTT/GBT/GBM/ tower/s Pole Site on the roof of the Property No.
5. That the INDEMNIFIER shall be responsible for'any dispute/ court case arises in future in
this regard the SDMC shall be kept harmless from the all liabilities and the SDMC shall
be liberty to revoke the permission as granted by the SDMC and no equity shall be
claimed in this regard.
6. That the INDEMNIFIER fully understands that in case of buildings, which were
unauthorized or which may be so declared at a later point of time, permission for
installation of towers shall be granted on fulfillment of all the above conditions.
However, that shall not imply any change whatsoever in the status of the unauthorized
building and shall be without prejudice 'to the right of South Delhi Municipal
corporation, to demolish the said building through the due process of law. But the
corporation will not be liable to inform the Cell Tower Operator or infrastructure
provider before taking action against the.unauthorized building.
IN WITNESSES WHEREOF THE INDEMNIFIER, as aforesaid, said s^t and subscribed his hand on
these presents on the day, month and year first above written.
{SIGNATURE OF INDEMNIFIER)
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Annexure
SELF DECLARATION
(As per Clause 5)
Applicable far RTT/GBT/ GBM/ Pole Site (RTP)
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3. That in the event, if the SACFA Certificate is not provided within six months, the South
Delhi Municipal Corporation shall be at liberty to take action against, company
including revocation of the permission.
Authorized Signatory
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Annexure -
SELFDECLATATION
(As per Clause 9).
Applicable for RTT/ GBT/GBM/Pole Site(RTP)
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2. The company shall ensure compliance with the Safety guidelines issued by DOT in
regard to the operation of Telecom Towers/ Pole.Sites and the company shall be
responsible for any damage to the building and for public safety for the temporary
equipment/ poles installed on.the above mentioned Premises.
3. That the Company hereby declares that all the condition ofthe settlement agreement
dated 30.01.17 shall be adhered to before and after the Installation of the said
RTT/GBT/GBM/ tower/s Pole Site on the roof of the Property No.
Authorized Signatory
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IN DELHI MEDIATION CEfJTRE. TIS HAZARI COURTS. DELHI
t !n the matter nf :
MCD Vs. Cellular Operators Association of India @ Ors.
Delhi Wed:.',a.Oi'i Centra
Tis Haaaii Courts
I>eihi-U0054
LPA No. 572/2011
Settlement/Aoreement
30.01,2017
Sh, Sanjay Kumar Sinha, Sr. Manager (Legal) for respondent no. 9,
Reliance Communication Ltd alongwith Sh. Gaurav Jain, Advocate'.
Sh. Anuj Bhatia, AGM (Corporate Affairs) for respondent no .11. Vodafone
Mobile Services Ltd.
Sh. Naresh Arora; V.P (Legal) and Sh. Raj Shekhar Rai. Advocate for A-rr
Telecom irvfrastructure Private Ltd.
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Sessions were held with the parties to facilitate negotiations.
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Brief facts of the present cases as disclosed by the parties are that
respondents in LPA No. 572/11 filed writ petitions bearing no. WP (C) 3267/2010, WP
(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 dated
20.11.2003 Circular dated 7.02.2008 and Office Order dated 8.04.2010 issued by the
MCD (Now represented by SDMC, EDMC and NDMC) levying,fee and stipulating other
conditions for grant of permission for installation of temporary stnjctures/towers'on
rooftops for providing Cellular Basic Mobile Phone services. The said Writ Petitions
were decided vide order dated 29.04.2011 passed by Hon'ble Mr. Justice Rajiv Sahai
STf I K. aggrieved. MCD (Now represented by SDMC. EDMC and NDMC) filed
against Cellular Operators in the LPAs as detailed hereinabove.
Vide order dated 22.07.2016 passed in LPA No. 572/2011, the dispute between the
concerned parties was referred for mediation.
The companies namely ATC Telecom Tower Co. and ATC Telecom
Infrastructure Private Limited, GTL Infrastructure Ltd. and Tower Vision India Pvt. Ltd
have settled keeping in mind ttie status and importance attached to the Nationai
Capital Territory (NCT)of Delhi as the Capital of India and more importantly in view of
the explicit assurance by the COAI and all its member companies to bear ttie entire
financial impact that the acceptance of this proposal would entail on them.
The said agreement shall be binding on those Operators who
participated and in agreement of ttie proposal of the Cellular Operators Association o!
India and agreed by the Corporation, ^ . i*
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Sanjay Yadav. anL|2f ,
Bajsai,
-• vpcate for Respondent no.
Executive Engineer {Building HO). .cellular Operators Association of India
SDMC.
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A.D. Biswas, Chief Town Planner, NDMC Anuj Bhatia \, AS^^^Grporate Affairs) for
respondent no .11, Vodafone.
Services Ltd/--
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Sh. Rakesh Ailawadh ief Engineer Pankaj mar Advocate for Idea Cellular
(Building) HQ. EDMC Ltd. (respondent in LPA No. 573/11)
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Sunil Kurhar Mehra. Chief Town Satik^ Mahapatra, Advocate for Idea Cellular
Planner, EDMC. Ltd. (re^ondent in LPA No. 573/11}
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i Naresh AtotWv gau for ATC Telecom
V Infrastructure Private Ltd.
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VL Goel for Reliance Jio Infocom Ltd.
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Nayan Tara Rell&ncejio Infocom Ltd.
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Srishty Chadha. Sr. Executive (Legal) for gtl
Infrastructure Ltd.
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Sanjeev jhrarTrithani. DGM (Legal) for
Tower Vision India Pvt. Ltd.
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Bre^ti tnchwge
Tts Hazvitfl Courts
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: Deed of Settlement
Centre ANNEXURE
DeVrA Co‘-irt®
•Tt'," In sites which do not have a generator set and are powered
only with electricity mains and secondary batteries, the
clearance from Delhi Pollution Control Committee (DPCC) will
not be required.
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In case such NOCs have already been obtained bv th*»
applicant company, the copy of same will be submitted to the
Corporation.
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2, structural stability certificate from any one of the following six
institutions are required to be obtained by the Cellular and
Basic Cellular Operators/registered IP-1;
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For sites to be installed in the areas marked under i%d
zone as per CCZM specified by AAI. NOC from AAI/ SACFA
clearance will be submitted. ,
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7, The licensees and registered iP-is shall be responsible for anv
damage to life or property caused by the Poie/Tower/Masc In
>'1 case it is proven that the damage has been caused solely due
1 to Pole/Tower/ Mast. Accordingly, an Indemnity Bond In thk
regard wilt be submitted. ®
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8. For providing generator set for new mobile tower and cower' •
Installed till 01.01.2016, a copy of the type test certificate :
ct'-issued by Automotive Research Association of India .(ARAl) to
^Nthe manufactures of the Diesel Generator (DG) Sets as per
guidelines issued by DOT will be submitted alongwith the
application.
14.ADPUcatton
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building duty signed by the applicant and
Structural Engineer for RTTand RTFs.
(c) Copy of relevant license/infrastructure provider
registration certificate of the company is^ed by
the Department of Telecommunication. Govt, of
India is to be given,
(d). In case of violation of the terms & conditions, the
permission may be withdrawn after granting
opportunity of hearing to the applicant.
15.Revised guidelines shall be prepared from time to time based
on
guidelines issued by the Department of
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^PP'^i^^ble from date of issuance of this
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e. The Municipal Corporation 'will forward the Application within
07 working days of receipt by the concerned Nodaf Officer for
permission from agencies other than Municipal Corporation
(such as OUAC. DFS, AAI. DMRC, ASI, etc.),
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