Kk Narani vs The Municipal Corporation Of Delhi & Ors

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
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% Date of decision: 6 May, 2026
+ W.P.(C) 6330/2012 & CM APPL. 20770/2023
KK NARANI .....Petitioner
Through: Ms. Anupam Dhingra, Mr. Akash
Yadav, Advocates with Petitioner in-
person.
versus
THE MUNICIPAL CORPORATION
OF DELHI & ORS. .....Respondents
Through: Mr. Kapil Dutta, Standing Counsel
for MCD.
Ms. Arti Bansal, CGSC with Ms.
Shruti Goel, Advocates for UoI.
Mr. Balendu Shekhar, Mr. Raj Kumar
Maurya, Mr. Divyansh Singh Dev &
Mr. Krishna Chaitanya, Advocates for
DPCC.
Mr. Ramnish Khanna, Mr. Sahil
Dagar & Mr. Sumit Tokas, Advocates
for R-4.
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 remove the Data Server installed by the respondent no.4 at
the property bearing no. A-27, Preet Vihar, Delhi-110092 (hereinafter
‘ subject property ’) . It is further prayed that the Diesel Generator Set (‘DG
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W.P.(C) 6330/2012 Page 1 of 5
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Set’) operating from the roof top of the subject property be also removed.
2. The petitioner resides in the property adjacent to the subject property
being A-28, Preet Vihar, Delhi-110092 and has written various
communications to the authorities including MCD for removal of the said
Data Server and DG Set. However, despite the said communications, no
action has been taken.
3. It is the case of the petitioner that the Data Server and the DG Set has
been unlawfully installed by the respondent no.4, the owner of the subject
property, which is causing noise pollution and hazardous radiations in the
vicinity. It is also stated that vibrations arising from the Data Server are
causing cracks in the wall of the rooms and staircases of the petitioner’s
property.
4. It is stated that mobile/cell towers, base stations, broadband internet
and fixed landline servers emit electromagnetic waves, which cause health
problems.
5. It is also the petitioner’s case that the installation of the Data Server in
the residential area is not permissible as it has been done without any
permission from MCD or DDA.
6. In the counter-affidavit filed by respondent no.4, it is stated that:
i. The terrace on the subject property has been leased to Bharti Airtel
Limited (‘BAL’) for installation of Remote Switching Units (RSU)/ Digital
Loop Services (‘DLCs’), which in common parlance refers to a ‘Landline
Telephone Exchange’.
ii. No permission from MCD is required for the installation of the
aforesaid equipment.
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iii. The Data Server/ Landline Telephone Exchange does not have any
tower and/or antennae installed at the rooftop of the subject property which
can emit electromagnetic radiation.
iv. A Data Server/ Landline Telephone Exchange provides connectivity
through copper wires and not over air as in the case of a mobile telephone
tower. Thus, there is no harmful radiations as alleged by the Petitioner.
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7. The writ petition came up for hearing before this Court on 3
October, 2012, when notice was issued.
8. Delhi Pollution Control Committee (DPCC) was impleaded vide order
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dated 16 March, 2016.
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9. Counter-affidavit by the respondent no.5/ DPCC was filed on 6
March, 2017, wherein DPCC has elaborated on the Noise Regulations for
DG Sets of various capacities as introduced in the year 2002.
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10. In the order passed by this Court on 29 January, 2025, submission
of respondent no.4 was noted that the DG Set has since been removed. In
view of the aforesaid submission, MCD was directed to inspect the subject
property and file an inspection/ status report.
11. Pursuant to the aforesaid order, the MCD inspected the subject
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property and filed a status report on 13 May, 2025. In the said status report,
MCD has confirmed the fact that there was no DG Set installed at the roof of
the subject property.
12. A response to the aforesaid status report has been filed on behalf of
the petitioner, wherein it is stated that the structure on the terrace is a huge
cabin where the Data Server/ Landline Telephone Exchange has been
installed.
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13. I have heard the counsel for the parties and perused the record.
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14. In the status report filed by MCD on 13 May, 2025, it is
categorically stated that the DG Set does not exist on the subject property.
The petitioner in his response has not disputed the aforesaid stand taken by
MCD in the status report.
15. Therefore, there cannot be any question of noise pollution on account
of the DG Set. There is nothing to suggest that noise is emanating from the
Data Server/ Landline Telephone Exchange.
16. A perusal of the response filed by the petitioner itself makes it clear
that a Broadband Internet and Fixed Landline Data Server has been installed
at the subject property. Hence, it is clear that there is no mobile tower
installed at the subject property.
17. Nothing has been placed on record on behalf of the petitioner to show
that the said Data Server/ Landline Telephone Exchange is harmful or emits
radiation.
18. Even in the respect of mobile towers, this Court vide judgement dated
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29 April, 2026 in W.P.(C) 16518/2025 titled as Sunil Tyagi & Ors. v.
Municipal Corporation of Delhi , while relying on Kapil Choudhary v.
Union of India, 2016 SCC OnLine Del 2558 , has held that the allegations
regarding health hazards posed by mobile towers are bald in nature and not
backed by any material. The relevant extract from the said judgement are set
out below:
“The contention of the petitioners regarding alleged health hazards
posed by the mobile tower are in the nature of bald allegations and are
not backed by any material. In Kapil Choudhary v. Union of India, 2016
SCC OnLine Del 2558, this Court, after due consideration of the issue,
held as follows:
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“12. In view of the above, it is clear that there is no scientific data
available to show that installation of mobile phone towers and the
emission of the waves by the said towers is in any way harmful for
the health or hazardous to the health of citizens. There is no
conclusive data to the said effect. The petitioner has not been able to
produce any data whatsoever showing any such harmful effects on the
health of human beings. The petitioner has also not been able to show
violation of any norms by the respondent.
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14. The writ petition being without merit is dismissed.”
19.
It is to be noted that the respondent no.1/ MCD itself has taken the
stand that there is no policy with respect to the installation of Data Servers/
Landline Telephone Exchange. Hence, there is no requirement of taking any
permission from MCD for the installation of the same.
20. In view of the discussion above, the relief sought by petitioner for
removal of the Data Server/ Landline Telephone Exchange cannot be
granted. With regard to the relief sought for removal of DG Set, it is already
noted above that the DG Set has been removed from the subject property.
21. Accordingly, the writ petition is disposed of.
22. The pending application also stands disposed of.
AMIT BANSAL, J
MAY 6, 2026
at
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W.P.(C) 6330/2012 Page 5 of 5
Signed By:AARZOO
Signing Date:09.05.2026
18:14:42