Amit Choudhary v. North Delhi Municipal Corporation And ANR.
$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12927/2019 AMIT CHOUDHARY .....Petitioner Through:
Dr. Amit George, Ms. Suparna Jain, Advocates.
versus NORTH DELHI MUNICIPAL CORPORATION AND ANR.
.....Respondent Through:
Mr. Akhil Mittal, Standing counsel with Mr. Sunil, Mr.
Vivek Singhal, Advocates.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R
% 18.07.2024 1.
Learned counsel appearing for the respondent-NDMC submits that the concerned zone that i.e., Rohini Zone has granted permission with respect to installation of Roof Top (RTP) Mobile Towers in a property bearing No.32, Kh. No.40/1, Nangloi Extension West, Village Nangloi Jat, Delhi, which is disputed site in the instant writ petition.
2.
The copy of the permissions dated 10.04.2019 is placed on record. Let the Registry to put the same in the PDF file. 3.
Learned counsel for the petitioner submits that he has raised two fundamental grievances in the instant petition i.e., firstly, with respect to the non-thermal radiation exposure and secondly, with respect to the vulnerability of the site in question from various aspects, including the presence of school and populated area. 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 23/07/2024 at 11:58:29
4.
The Court, in the instant case, is supposed to examine as to whether the site in question is as per the approved sanction by the concerned Department. Since there is already a permission in place, unless the same is controverted in accordance with law, the Court is not inclined to entertain the remaining grievances. The permission to install the Tower clearly indicates that various precautionary measures have been taken. The petitioner is, however, at liberty to take the grievance forward in accordance with law. Reserving the aforesaid liberty, the present petition stands disposed of. PURUSHAINDRA KUMAR KAURAV, J JULY 18, 2024/KG 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 23/07/2024 at 11:58:29