The Local Self-Government department has directed urban local bodies to cut down delays in processing applications for installing telecommunication towers and poles. The local bodies have been told that the applications have to be processed within 45 days as per the 2019 amendments to the Kerala Municipal Building Rules (KMBR).
In a circular issued last week to all the municipalities, the department noted that many applications related to installation of telecommunication poles have remained pending beyond the stipulated time limit. As per clause 83 of the KMBR, non-governmental telecommunication tower or telecommunication pole structures can be installed or accessory rooms or alterations to these can be carried out only after obtaining a separate permit for each tower or pole structure from the secretary of the local body concerned.
Stipulations of Act
As per clause 14 of the 2019 Act, if the secretary neither approves nor disapproves a building site, neither gives nor refuses permission to execute any work within 15 days from the date of receipt of the application, the council is bound to determine whether the permission should be given or not, based on a written request from the applicant. If the council does not take a decision within 30 days of receipt of a written request, the approval would be deemed as given and the applicant can proceed to execute the work.
But this construction should not violate the other clauses of the Act. The permit can be later issued as per rules even if the work has commenced, as long as the construction is as per provisions. It is based on these rules that the department has now asked the local bodies to process all such applications within 45 days.
