High Court of Delhi was dealing with the petition challenging work stop notice requiring the petitioner to stop further work of installation of a telecommunication tower on a property.
Petitioner’s Contention:
Learned counsel for the petitioner submitted that the permission for installation of a telecommunication tower was duly granted on 23.08.2021 after petitioner had complied with all the requisite formalities and obtained permissions for installation of the said tower. It was submitted that after the tower installation work commenced the impugned work stop notice dated 27.08.2021 was issued requiring the petitioner to stop further construction work.
HC’s Observations:
After hearing both the sides Court found that counter affidavit has been filed by the respondent wherein it is confirmed that permission to commence the installation process was allowed only after receipt of all requisite documents from the petitioner and on completion of all the formalities. HC observed that perusal of the complaints annexed with the counter affidavit show that the only objection taken is that the installation of a tower in the colony is harmful and may cause great harm to children, old people and pregnant women.
Court stated that it is not in dispute that petitioner has complied with all the requisite formalities for installation of the telecommunication tower and permission was granted only after the petitioner fulfilled the conditions. Petitioner, as per the Circulars of the Respondent-Corporation, has to also comply with the requirements of appropriate protective and preventive measures to be taken post-installation and commission of the telecommunication tower. Court noticed that the objection raised by the residents that the tower is likely to cause harm to children, old people and pregnant women is no longer res Integra.
HC Held:
After evaluating submissions made by both the parties the Court held that “the work stop notice issued by the respondent corporation, solely on the ground of the above-referred complaints received from residents, is not sustainable. Accordingly, the work stop notice dated 27.08.2021 is quashed. Petitioner would be at liberty to carry out the installation of telecommunication tower as per with the sanction/permission granted by the Corporation in accordance with law. The petitioner shall also comply with the post-installation and commission stipulations.”
Bench: Hon’ble Mr. Justice Sanjeev Sachdeva
Case Title: Indus Towers Ltd. v. North Delhi Municipal Corporation
Case Details: W.P.(C) 11831/2021& CM APPL. 36584/2021
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