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2011 Supreme(Del) 325

RAJIV SAHAI ENDLAW
CELLULAR OPERATORS ASSOCIATION OF INDIA – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
Mr. C.S. Vaidyanathan, Sr. Adv., Mr. Sandeep Sethi, Sr. Adv. & Mr. Maninder Singh Sr. Adv. with Mr. Manjul Bajpai & Mr. Ashish Yadav, Advocates
Mr. Parag P. Tripathi, ASG with Mr. Amey Nargolkar & Mrs. Maninder Acharya, Advocates for.
Mr. Sandeep Sethi, Sr. Adv. with Ms. Sonali Jaitley, Ms. Devika Chadha & Mr. Varun Arora, Advocates
Mr. Parag P. Tripathi, ASG with Mr. Amey Nargolkar & Mrs. Maninder Acharya, Advocates for MCD
Mr. Sudhindra Tripathi for Mr. Peeyoosh Kalra, Advocate for R-2
Mr. Sudhir K. Makkar with Ms. Meenakshi Singh, Advocates
Mr. Asit Tiwari, Advocate for R-1
Mr. Ashutosh Lohia, Adv. for NDMC
Mr. Shailesh Kapoor & Mr. Shahnawaz Ahmed Malik, Advocates
Mr. Parag P. Tripathi, ASG with Mr. Amey Nargolkar & Mrs. Maninder Acharya, Advocates for MCD.
Mr. Shailesh Kapoor & Mr. Shahnawaz Ahmed Malik, Advocates
NoneAdvocates for MCD
Mr. Laliet Kumar, Advocate for UOI

Judgment

RAJIV SAHAI ENDLAW, J.

1. These writ petitions impugn Office Order dated 20th November, 2003, Circular dated 7th February, 2008 and the Office Order dated 8th April, 2010 of the respondent MCD levying fee and stipulating other conditions for grant of permission for installation of temporary structures / towers on rooftops for providing Cellular Basic Mobile Phone services. The Office Order dated 20th November, 2003 levied One Time Permission Charges of Rs.1 lac per site/tower and in case the site/tower was shared with other Cellular Phone Operator(s), an additional amount of Rs.50,000/- per sharing; it also prescribed certain other conditions to be satisfied. However, the Lt. Governor, Delhi, in the light of certain reports that the said towers are a health hazard, vide order dated 13th September, 2007 directed the Municipality to keep fresh applications for permission for installation of towers in abeyance. Vide subsequent letter dated 10th January, 2008 the Lt. Governor permitted consideration of fresh applications for installation of towers on compliance of certain other conditions. The same resulted in the Circular dated 7th February, 2008 supra, impugned in thes

























































































































































































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