Delhi High Court - Orders
Sh. Jai Prakash Gupta vs North Delhi Municipal Corporation And ... on 11 April, 2023
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~71
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3113/2022
SH. JAI PRAKASH GUPTA ..... Petitioner
Through: Mr. Shiv Charan Garg, Mr. Imran
Khan and Ms. Jahnvi Garg,
Advocates.
versus
NORTH DELHI MUNICIPAL CORPORATION AND
ORS. ..... Respondents
Through: Mr. Gaganmeet Singh Sachdeva,
ASC for respondent No.1.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 11.04.2023 W.P.(C) 3113/2022 and CM APPL. 17073/2023
1. Although the petition has been listed for 22.09.2023, however considering the prayer and the fact that the Status Report has been placed on record, with the consent of the parties the matter is taken up for hearing today itself.
2. By way of present application, the petitioner has sought directions to the respondent to demolish the mobile tower stated to be illegally installed at the roof of property bearing No. 8/8, Block 41, Shakti Nagar, Singh Sabha Road, Delhi - 110007.
3. In the present petition, the Status Report was filed which reads as under :-
"4. That as per record, unauthorized construction in the shape of erection of tower without permission at Terrace Floor in Signature NotVerified Digitally Signed By:SANGEETAANAND respect of the property in question i.e. 8/8, Shakti Nagar. Block- 41, Singh Sabha Road, Delhi stands booked vide file No. 236/C- 78/EE(B)II/UC/KPZ/2022 dated 19.01.2022. After following due process of law, demolition orders under section 343(1) of the DMC Act was passed on 18.02.2022 with the direction to the owner/builder to demolish the unauthorized construction under notice within six days.
5. That in the meanwhile, it has come to the notice of the department through the Cell Tower Company that an application for permission has already been filed by them in the year, 2008 and the requisite fees amounting to Rs. 1,00,000/- already stands deposited on 09.03.2009.
6. That the file regarding above application has got been traced out from the Record maintained by the Record Keeper of Building Department-II/Kesahva Puram Zone. From the perusal of the application, it is observed that the requisite fee amounting to Rs.1,00,000/- was deposited by Tower Vision India Pvt. Ltd. as per the policy prevailing at that time. However, the permission was not issued at that time and the application is still pending.
7. That as per the previous policy before the year 2010, the cellular operators were supposed to deposit onetime fee for permission of R.T.T. In the present case, M/s Tower Vision India Pvt. Ltd. had deposited the requisite fee of Rs. 1,00,000/- on 09.03.2009 in the then Sadar Pahar Ganj Zone as per ·the policy prevailing at that time.
8. That since the Cellular Operator had paid the requisite fee well in tin1e, as per the earlier policy of 2003 and at present the permission/regularization of Cell Tower Cases are being dealt as per settlement agreement dated 30.01.2017 in the matter of "MCD Vs Cellular Operators Association of India", LPA No. 572/2011 and instructions issued from the Head Quarter of North DMC, therefore, the case has been processed as per the settlement agreement dated 30.01.2017. The case will be Signature NotVerified Digitally Signed By:SANGEETAANAND finalized after completing the necessary formalities by the applicant."
4. In light of the aforesaid Status Report and the fact that the application for regularization of mobile tower in question has been allowed, the present petition has become infructuous and the same is disposed of accordingly alongwith the application. However, petitioner shall be at liberty to challenge the regularization by way of appropriate proceedings. Date already fixed in the matter i.e. 22.09.2023 stands cancelled.
MANOJ KUMAR OHRI, J APRIL 11, 2023 ga Signature NotVerified Digitally Signed By:SANGEETAANAND