Hari Kunj Rwa v. South Delhi Municipal Corporation & ORS.

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12079/2021 HARI KUNJ RWA .....Petitioner Through:

Mr. Himanshu Kaushik, Advocate.

versus SOUTH DELHI MUNICIPAL CORPORATION & ORS.

.....Respondents Through:

Ms. Beenashaw N Soni, SC with Ms.

Ann Joseph, Advocate for MCD.

Mr. Pratap Shanker and Mr. Gautam Mishra, Advocates for R-3.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 05.03.2025 C.M. APPL. 13287/2025 1.

This is an application preferred on behalf of Respondent No. 3 under Section 151 CPC seeking disposal of the writ petition. 2.

It is stated in the application that during the pendency of the writ petition, Respondent No. 3 has taken a business decision not to operate its tower from the site in question which is the subject matter of the writ petition and the tower is dismantled. The equipment has been removed and a decision has been taken in light of the continuous interference and interruptions in the operation of mobile tower by the local residents resulting in threat to the security and safety of the telecom equipment and network connectivity.

3.

Issue notice.

W.P.(C) 12079/2021 Page 1 of 2 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 07/03/2025 at 12:36:49

4.

Counsels, as above, accept notice on behalf of the respective nonapplicants. 5.

In the light of this business decision, learned counsel for Respondent No. 3 submits that the writ petition is rendered infructuous and be disposed of accordingly.

6.

Learned counsel for the Petitioner fairly and candidly submits that in light of this decision, nothing further survives in the writ petition and the same be disposed of.

7.

For the reasons stated in the application, the same is allowed. 8.

Application stands disposed of.

W.P.(C) 12079/2021and CM APPLs. 37750/2021 and 51275/2023 9.

In view of the decision of Respondent No. 3 to not to continue with the mobile tower and the equipment having been dismantled and in view of the order passed in C.M. APPL. 13287/2025, no further order is required to be passed in this writ petition and the same is accordingly disposed of. 10.

Pending applications also stand disposed of.

11.

Date of 04.04.2025 stands cancelled.

JYOTI SINGH, J MARCH 05, 2025/shivam W.P.(C) 12079/2021 Page 2 of 2 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 07/03/2025 at 12:36:49