Jagdish Parsad v. Municipal Corporation Of Delhi & ORS.

$~45 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10667/2024 & CM APPL. 43900/2024 JAGDISH PARSAD .....Petitioner Through:

Mr.

Kamlesh Kumar Mishra, Advocate.

versus MUNICIPAL CORPORATION OF DELHI & ORS.

.....Respondents Through:

Ms. Puja Kalra, SC for MCD.

Mr. Krishan Kumar, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 09.12.2024 1.

The petitioner has approached this Court under Article 226 of the Constitution, for a direction upon the Municipal Corporation of Delhi ["MCD"] to uninstall/remove a cellular tower installed on the 6th floor of Khasra No. 277/176, Gali No. 1A/7,Wazirabad, New Delhi- 110084. 2.

It is the contention of the petitioner that the tower was installed at the aforesaid site without permission. However, MCD, in its status report dated 13.09.2024, has placed on record a copy of the sanction/permission letter dated 23.04.2024 issued in favour of M/s Bharti Airtel Ltd. for the tower in question.

3.

The principal submission of the petitioner, that the tower is being installed without permission is, therefore, incorrect. If the petitioner wishes to challenge the validity of the permission, he may do so before W.P.(C) 10667/2024 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 12/12/2024 at 11:58:40

the Appellate Tribunal for MCD ["ATMCD"].

4.

This Court has held in W.P.(C) 3267/2010 [Cellular Operators Association of India & Ors. vs. Municipal Corporation of Delhi], that sanction for installation of a mobile tower is in the nature of a building permission, under the Delhi Municipal Corporation Act, 1957 ["DMC Act, 1957"]. By the order dated 11.04.2023 in W.P.(C) 3113/2022 [Sh. Jai Prakash Gupta vs. North Delhi Municipal Corporation and Ors.], the Court has also held that such permission is, therefore, amenable to appellate jurisdiction of the ATMCD under Section 347B of the DMC Act, 1957.

5.

The petition is, therefore, disposed of, with liberty to the petitioner to approach the ATMCD against the sanction/permission letter dated 23.04.2024, if he is so advised.

6.

The pending application is also disposed of.

PRATEEK JALAN, J DECEMBER 9, 2024 SS/AL/ W.P.(C) 10667/2024 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 12/12/2024 at 11:58:40