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2026 Supreme(Online)(Del) 6568

IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Bansal, J
Sunil Tyagi – Appellant
Versus
Municipal Corporation Of Delhi – Respondent
W.P.(C) 16518/2025|CM APPL. 67692/2025|CM APPL. 67693/2025

Advocates:
For the Appellants/Petitioners: Mr. Pradeep Dubey, Mr. Sahil Sharma
For the Respondents: Mr. Tushar Sannu, Mr. Parvin Bansal, Mr. Abhinav Singh, Ms. Prapti Jain, Ms. Mansi Sharma, Mr. Izhar Ahmad, Mr. Chander M. Lall, Ms. Mehul Parti, Mr. Ashwani Malhotra, Ms. Shivangi Bajpai, Mr. Gyanendra Singh

Installation of telecommunication towers on private property requires only owner consent and structural safety certification; projects classified as infrastructure are shielded from injunctions unless substantial, evidence-backed proof of harm is provided.

Headnote:(A) Telecommunications (Right of Way) Rules, 2024 - Rule 15 - Telecommunications Act, 2023 - Section 10(1)(b) - Specific Relief Act, 1963 - Sections 20A and 41(ha) - Installation of infrastructure project on private property - Requirement of prior consent and intimation to local authorities - Mandatory submission of structural stability certification - No requirement of formal permission from local authorities for private installations. (Paras 12, 13, 14)

(B) Health and environmental concerns - Allegations of harmful radiation exposure - Insufficiency of scientific material or longitudinal data demonstrating health hazards - Mere apprehension insufficient to warrant interference with legitimate infrastructure projects. (Para 21)

(C) Injunctions - Statutory bar on granting injunctions against infrastructure projects stipulated in statute - Judicial reluctance to impede state-recognized developmental projects based on unsubstantiated claims. (Para 22)

Facts of the case:
Residents sought to halt the installation of a communication tower on private property, alleging potential structural instability and health risks due to electromagnetic emissions. The installing entity provided evidence of the owner's consent, initial structural safety compliance, and subsequent technical certification by a premier engineering institution, confirming the safety of the premises for the proposed installation.

Findings of Court:
The court found that the installing entity had satisfied all statutory requirements under the relevant rules for establishment on private premises. The health claims were determined to be speculative and unsupported by empirical data. Furthermore, as the tower constitutes a recognized infrastructure project, the court noted a statutory bar against granting injunctions that would impede its completion.

Issues: The main issues were whether the regulatory requirements for tower installation on private property were met, and whether unsubstantiated health and structural concerns provided valid grounds for a permanent injunction against the project.

Ratio Decidendi: Compliance with the established regulatory framework, including obtaining owner consent and structural safety certification, is sufficient to proceed with infrastructure installation. Absent concrete evidence of harm, speculative claims regarding health impacts fail, and statutory protections against obstructing infrastructure development prevail.

Result: Petition dismissed.

Table of Content
1. initiation of the dispute regarding mobile tower installation on private property. (Para 1 , 2)
2. parties' contentions regarding structural safety, rule compliance, and investigation history. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10)
3. installation of mobile towers on private property requires intimation, not prior permission. (Para 12 , 13 , 14)
4. iits classified as public entities for structural safety certification under telecom rules. (Para 15 , 16 , 17)
5. compliance with procedural requirements under rule 15 of the row rules. (Para 18 , 19 , 20)
6. injunctions barred for infrastructure projects; lack of evidence for health hazards. (Para 21 , 22)
7. dismissal of the writ petition and disposal of pending applications. (Para 23 , 24 , 25 , 26)

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 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 that the said mobile tower is hazardous to human health as it emits harmful electromagnetic radiation.

4. It is also the case of petitioners that the said installation of mobile tower by respondent no.6 is in non-compliance of Telecommunications (Right of Way) Rules, 2024 (‘RoW Rules’/ ‘Telecom Rules’)

5. In the counter affidavit filed on behalf of respondent no.6, it has been stated as under:

5.1. Prior to taking any steps towards installation of the tower in question, a Compensation Agreement dated 21st June, 2025 was executed between respondent no.5 and respondent no.6, wherein respondent no.5, in his capacity as the owner of the subject property, granted permission to respondent no. 6 to install and operate a telecommunication tower on the terrace of the Property for a period of 10 years, on payment of a monthly/ annual license fee of INR 22,000/-.

5.2. In terms of Rule 15 of RoW Rules, a survey of the site property was conducted on 24th June, 2025 and on the basis of the survey, a Structural Stability Report dated 25th June, 2025 was issued by a Structural Engineer registered with MCD. The said report recorded that the building was found to be safe for the proposed installation.

5.3. Accordingly, on 11th July, 2025, an intimation letter was sent by respondent no.6 to MCD in terms of Rule 15(4) of the RoW Rules. Along with the intimation letter, the respondent no.6 also sent the Compensation Agreement dated 21st June 2025 and a copy of the Structural Stability Certificate dated 25th June, 2025.

6. Mr. Chander M. Lall, senior counsel appearing on behalf of respondent no.6 submits that in terms of the Rule 15 of RoW Rules, for the purposes of installation of a mobile tower, no permission is required from MCD and the respondent no.6 was only required to send an intimation along with a Structural Stability Certificate. He submits that this has duly been complied by the respondents. Additionally, the respondent no.6 has also obtained a Structural Stability Certificate from IIT, Bhubaneshwar.

7. The counsel for petitioner submits that the Structural Stability Certificate obtained by respondent no.6 for installation of the mobile tower records that the surveyor has not checked the structure against earthquake load and has fai

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2026 Supreme(Online)(Del) 6568

IN THE HIGH COURT OF DELHI AT NEW DELHIAmit Bansal, JSunil Tyagi – AppellantVersusMunicipal Corporation Of Delhi – RespondentW.P.(C) 16518/2025|CM APPL. 67692/2025|CM APPL. 67693/2025

Installation of telecommunication towers on private property requires only owner consent and structural safety certification; projects classified as infrastructure are shielded from injunctions unless substantial, evidence-backed proof of harm is provided.

IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Bansal, J
Sunil Tyagi – Appellant
Versus
Municipal Corporation Of Delhi – Respondent
W.P.(C) 16518/2025|CM APPL. 67692/2025|CM APPL. 67693/2025