SUNIL TYAGI & ORS. vs MUNICIPAL CORPORATION OF DELHI, THROUGH THE DEPUTY COMMISSIONER (SOUTH) & ORS.

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 29th April, 2026 + W.P.(C) 16518/2025, CM APPL. 67692/2025 & CM APPL. 67693/2025 SUNIL TYAGI & ORS. .....Petitioners Through: Mr. Pradeep Dubey and Mr. Sahil Sharma, Advocates. versus MUNICIPAL CORPORATION OF DELHI, THROUGH THE DEPUTY COMMISSIONER (SOUTH) & ORS. .....Respondents Through: Mr. Tushar Sannu and Mr. Parvin Bansal, Advocates for MCD. Mr. Abhinav Singh, Ms. Prapti Jain and Ms. Mansi Sharma, Advocates for GNCTD. Mr. Izhar Ahmad, Advocate for UoI. Mr. Chander M. Lall, Sr. Advocate with Ms. Mehul Parti, Mr. Ashwani Malhotra, Ms. Shivangi Bajpai and Mr. Gyanendra Singh, Advocates for R-6. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present writ petition has been filed seeking a direction to the respondents to stop the ongoing installation of a mobile telecommunication tower (‘mobile tower’) being carried out by respondent no.6 on the terrace of the premises of respondent no.5 bearing H.No.408, Kh.No.60, Ambedkar Signature Not Verified Digitally Signed W.P.(C) 16518/2025 Page 1 of 11 By:AANCHAL TAGGAR Signing Date:02.05.2026 16:58:29 Colony, Chattarpur, New Delhi-110074 (hereinafter ‘subject property’). 2. The petitioners are residents of the locality, where the mobile tower is being installed and they have filed a complaint with the respondent no.1/ MCD against the installation of the said tower. 3. It is the case of the petitioners that the building on which the mobile tower is being installed is in a dilapidated condition and therefore, the installation of a mobile tower causes risk to the structural stability of the building. Respondent no.1/ MCD has granted permission for installation to the respondent no.6 without conducting any proper survey or site inspection and tha