Saroj Bala v. Municipal Corporation Of Delhi & ORS.
$~51 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 16708/2024, CM APPL. 70684/2024 & CM APPL. 70685/2024 SAROJ BALA .....Petitioner Through:
Mr.
Rajesh Gupta and Mr.
Harpreet Singh, Advocates.
versus MUNICIPAL CORPORATION OF DELHI & ORS.
.....Respondents Through:
Mr. Nikhil Palli, Advocate.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
O R D E R
% 04.12.2024 1.
The petitioner assails a letter dated 25.07.2024, by which respondent No. 1 - Municipal Corporation of Delhi ["MCD"] has granted permission for installation of a mobile tower in favour of respondent No.2 - Bharti Airtel Ltd. The tower is proposed to be installed on the rooftop/terrace of property No. A-179, Kh. No. 1793/2, A Block, Vasant Kunj Enclave, Rangpuri, Malikpur Kohi, Vasant Kunj, New Delhi - 110070 ("subject property"). According to the petitioner, respondent No. 3 - Mr. Nimish Kumar, has roof rights in the subject property, whereas the petitioner is the resident of the third floor. 2.
This Court has held in W.P.(C) 3267/2010 [Cellular Operators Association of India & Ors. vs. Municipal Corporation of Delhi] that permission to install a mobile tower is in the nature of a building 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 07/12/2024 at 11:47:10
permission under the Delhi Municipal Corporation Act, 1957. By 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 Appellate Tribunal for MCD ["ATMCD"]. The petitioner is, therefore, relegated to her remedies before ATMCD, where she would be in a position to take all factual and legal grounds available to her. 3.
The writ petition, alongwith the pending applications, is disposed of.
PRATEEK JALAN, J DECEMBER 4, 2024 SS/JM/ 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 07/12/2024 at 11:47:10