Tuesday 3 July 2012

Is tower placement in residential areas legal?

Question. I purchased the Flat at 4th / Top Floor on the basis of Registered Sale Deed which is registered with sub-registrar at Karachi. That is, it was not on the basis of allotment. Now please advise whether Residential Apartment's Welfare Association would require my consent for placing Mobile tower at roof of my flat?

That depends if the right of ownership of rooftop of apartment mentioned in the sale deed then no one can place any tower over your roof top without your permission. Also do read the rules and regulations of Residential Apartment Welfare Association. Also kindly check what happened in cases of similar apartments created by this apartment scheme. What kind of settlements they have done with the apartment owners. As far as i understand, residential apartments welfare association is a private association that usually don't take permission from apartment owners while doing such things. You can take stay order against them from the court of law. Along with that you will file a suit for declaration to the extent of your ownership of the top floor of the apartment building. In that very suit you can get a consent decree from the court in which they will end up giving you ownership of the roof top also..



In that way you will become owner of the top floor and nothing will be placed over the rooftop without your prior permission. It is in normal circumstances illegal for any apartment scheme to place a telecom tower over the building without the permission of all the residents in it. The reason is that there are Radio waves as well as Elecro magnetic waves that are generated from the telecom towers. These rays are highly injurious for the health of people living in the vicinity where a telecom tower is placed. That is the same reason a telecom tower is usually placed at commercial areas or in areas away from population. That can be a strong ground that can help you in getting stay order from the court of law against the Association Owning the whole apartment scheme.

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