HP High Court Issues Several Directions On PIL Over Boosting Internet Connectivity In State Especially Rural And...
🏛️ Himachal Pradesh High Court Directives on Internet Connectivity
Case Title: Ms. Vandana Misra v. The Chief Engineer, PWD, Director Town and Country Planning, and Others
Court: Himachal Pradesh High Court
Judgment Date: December 28, 2021
Bench: Justice Tarlok Singh Chauhan and Justice Chander Bhushan Barowalia
📌 Background
A Public Interest Litigation (PIL) was filed highlighting the inadequate internet connectivity in Himachal Pradesh, particularly in its rural and remote areas. The petition emphasized the challenges faced by residents due to poor connectivity, impacting education, healthcare, and overall development.
⚖️ Court's Directions
The High Court issued several directives to improve internet infrastructure and connectivity in the state:
Replacement of Building Completion Certificate:
The court directed the Chief Engineer, Himachal Pradesh Public Works Department (HPPWD), to convene a meeting with representatives from various departments to explore the feasibility of replacing the Building Completion Certificate with a Structure Suitability Certificate. This would streamline the process for telecom infrastructure installation
Construction of Common Ducts:
The court mandated that all road construction and widening projects include provisions for common ducts. This would facilitate the laying of telecom cables without the need for repeated digging, reducing disruption and costs.
Review of Right of Way (RoW) Charges:
Acknowledging that Himachal Pradesh's RoW charges were among the highest in the country, the court directed a review of these charges. The aim was to make them more reasonable, considering the state's terrain and the minimal restoration costs incurred by the government
Inclusion of Fiber Optic Infrastructure in Building Codes:
The court emphasized the necessity of incorporating provisions for in-building fiber optic infrastructure in the National Building Code. This would ensure that new constructions are equipped to handle modern telecom requirements, promoting seamless internet connectivity.
Penalty for Fiber Cuts:
To prevent damage to existing telecom infrastructure, the court suggested implementing penalty clauses in contracts for road works. This would deter unauthorized fiber cuts and ensure the swift restoration of services.
Utilization of Government Land for Telecom Infrastructure:
The court recommended that the state government offer its land and buildings for telecom infrastructure development at nominal rates. This would encourage service providers to expand their networks, especially in underserved areas.
Implementation of 'Dig Once' Policy:
The court directed the adoption of a 'Dig Once' policy, ensuring that roads are dug only once for all utilities, including telecom cables. This would minimize disruptions and reduce costs associated with infrastructure development.
Monthly Coordination Meetings:
Recognizing the importance of regular coordination, the court proposed monthly meetings of the State-Level Coordination Committee to monitor and expedite the implementation of telecom infrastructure projects.
Expedited Power Connections:
Addressing delays in power connections, the court directed the Executive Director of Himachal Pradesh State Electricity Board Limited (HPSEBL) to personally oversee the timely provision of electricity for telecom towers, ensuring uninterrupted services.
Coverage of Shadow Areas:
The court instructed telecom service providers to extend their services to shadow areas, ensuring that even remote regions have access to mobile and internet connectivity.
📊 Summary Table
| Directive | Objective | Responsible Authority |
|---|---|---|
| Replace Building Completion Certificate | Streamline telecom infrastructure approval process | Chief Engineer, HPPWD |
| Construction of Common Ducts | Facilitate easy laying of telecom cables without repeated digging | HPPWD, Municipal Corporation, Shimla |
| Review of RoW Charges | Make charges reasonable and aligned with neighboring states | HPPWD |
| Inclusion of Fiber Optic Infrastructure | Ensure new buildings are equipped for modern telecom needs | Town and Country Planning Department |
| Penalty for Fiber Cuts | Prevent unauthorized damage to telecom infrastructure | PWD, NH, and other relevant departments |
| Utilization of Government Land | Encourage telecom infrastructure development in underserved areas | State Government |
| Implementation of 'Dig Once' Policy | Minimize road disruptions and reduce infrastructure development costs | All concerned departments |
| Monthly Coordination Meetings | Monitor and expedite telecom infrastructure projects | State-Level Coordination Committee |
| Expedited Power Connections | Ensure timely provision of electricity for telecom towers | HPSEBL |
| Coverage of Shadow Areas | Extend telecom services to remote and underserved regions | Telecom Service Providers |
🧭 Significance
This judgment underscores the judiciary's proactive role in addressing infrastructural challenges and ensuring equitable development across all regions. By emphasizing the need for coordinated efforts between various departments and stakeholders, the court aims to bridge the digital divide, fostering inclusive growth in Himachal Pradesh.
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