In The Matter Of a Public Interest Litigation
House Number 62,
Sector 37, Noida, UP 201301 ...... Petitioner
Municipal Corporation of Delhi …... Respondent 1
Reliance Infratel Limited …... Respondent 2
Most Respectfully Showeth :
1. That the aforesaid writ petition has been filed as a Public Interest Litigation.
2. That the petitioner has verified the facts based on RTI application number 1918/EE(B)/Cent.Zone/2011 dated 18.04.2011 clearly stating that no permission has been granted for installation of mobile phone towers on roof top of buildings E 72 & H68 NDSE Part One, New Delhi 110049. The copy of RTI is affixed in annexure B.
3. That the said petition is for the benefit of the South Ex Part One, New Delhi 110049 residents and their physical well-being. Since the matter relates to Councilor and Chairman Central Zone Ward of MCD Shri Ravinder Chaudhary who is a man of means, most of the residents shy away from approaching the court themselves for the fear of being harmed either physically or otherwise.
4. That the said petition is to curb the rampant proliferation of illegal cell towers all over Delhi being installed without permission in connivance with the MCD staff by persons of means in residential areas causing physical harm to the residents due to harmful radiations.
5. That the petitioner is a qualified Engineer from a Government Collage holding a BTech (Electronics and Communication) Degree. That the petitioner will abide by the honorable court’s decision to pay cost if any as decided by the court.
6. That the petitioner was able to get information for the two illegal mobile cell towers on the terrace of the buildings of the E 72 & H68 NDSE Part One, New Delhi 110049 through RTI application clearly showing the flouting of norms by Cell Companies like Reliance Infratel Limited and also the connivance of the MCD officials who allow all this to happen by knowingly ignoring and looking the other way. It is hard to believe that a mobile cell tower can be installed without the connivance of the MCD officials of the area who if they want do not allow the common people to even lay a single brick.
7. That as per the guidelines framed in 2006, rules and regulations have been framed for installing a tower. No tower would be installed within 100 meter radius of hospitals and educational institutes. But this are not followed as many towers are seen without taking care of the guidelines. With regard to the location of towers, cellular operators shall avoid residential areas for erection of the same. In case of the said towers, they are in residential areas causing health hazards to the people living around them. Also they are just opposite to each other within about 25 meters distance of each other flouting all norms again.
8. That the height of the said buildings is more than 15 meters at the finish level of the roof of the 3rd floor. This clearly ends any possibility of regularizing the towers as the height of the building has to be within 15 meters as per the MPD 2021. That the MCD Central Zone staff has not removed the said towers nor have they taken any action on the guilty cell service provider Company.
9. That it would not be out of place to inform the court that the sitting Councilor from Kotla Shri Ravinder Chaudhary who along with his kin Shri Sunil Chaudhary is the beneficiary of the rentals from these towers. To bring the height of the said buildings within 15 meters norms, the MCD Central Zone at the behest of Councilor Ravinder Chaudhary mysteriously built a cement patch in front of building E 72 & H68 NDSE Part One, New Delhi 110049 about 8 inches in thickness in March 2012.
10. That the towers have been installed in the previous two years and thus do not get any protection from the NCT Special Provisions act 2011.
11. That this application is being filed for the intervention of the Honorable Court to set precedence by getting these towers removed so that no further illegal installation of cell towers in the area occurs.
It is prayed accordingly.
House Number 62, Sector 37, Noida 201301.