← Library
High Court of DelhiW.P.(C)/3148/2021

Residents Welfare Association Pocket-G Sarita Vihar v. South Delhi Municipal Courporation & ORS.

2024-10-22Hon'Ble Mr. Justice Prateek Jalan2 pages

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3148/2021 & CM APPL. 9568/2021 RESIDENTS WELFARE ASSOCIATION POCKET-G SARITA VIHAR .....Petitioner Through:

Mr.Rajesh Pathak and Mr.H.S.Sandhu, Advocates versus SOUTH DELHI MUNICIPAL CORPORATION & ORS.

.....Respondents Through:

Mr.Siddhant Nath, Standing Counsel for MCD with Mr.Bhavishya Makhija, Advocate for R-1 MCD Mr.Sanjeev Bindal, Advocate for R-3

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 22.10.2024 1.

The petitioner assails the permission letter dated 18.08.2020, read with corrigendum dated 17.09.2020 and letter dated 26.09.2020 issued by the Municipal Corporation of Delhi ["MCD"] for installation of a mobile tower at G- Pocket, parking back side of Gurudwara Sarita Vihar, New Delhi.

2.

Learned counsel for the respondents state that the permission was valid for a period of three years only and has thus expired. 3.

The present petition has, therefore, been rendered infructuous and W.P.(C) 3148/2021 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/10/2024 at 12:17:56

is disposed of.

4.

In the event respondent No.3 wishes to make any fresh application for permission, it is at liberty to do so, which may be considered by the MCD in accordance with the existing policy in this regard. If the petitioner has any grievance arising out of such a permission, it will be at liberty to approach the Appellate Tribunal for the MCD in terms of the order of this Court dated 11.04.2023 in W.P.(C) 3113/2022 [Sh. Jai Prakash Gupta v. North Delhi Municipal Corporation and Ors.], following a judgement of this Court dated 29.04.2011 in W.P.(C) 3267/2010 [Cellular Operators Association of India & Ors. v. Municipal Corporation of Delhi] 5.

The petition is disposed of with these observations. PRATEEK JALAN, J OCTOBER 22, 2024 "SV"/ W.P.(C) 3148/2021 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/10/2024 at 12:17:56