Installation of landline data servers in residential areas requires no municipal permission and lacks evidence of harmful radiation.

In brief

The question

1. Whether the installation of a Data Server/Landline Telephone Exchange in a residential area emits hazardous radiation or requires specific permission from the MCD

The court held

The Court held that the relief for removal of the Data Server could not be granted as there was no evidence of health hazards or violation of municipal policy

It also directed

The prayer regarding the DG Set was disposed of as the equipment had already been removed. The writ petition and pending applications were accordingly dismissed/disposed of

01Facts

The Petitioner, a resident of Preet Vihar, Delhi, filed a writ petition seeking the removal of a Data Server/Landline Telephone Exchange and a Diesel Generator (DG Set) installed by Respondent No. 4 (the neighbor) at property A-27

p. 1, 2

The Petitioner alleged that the equipment caused noise pollution, hazardous electromagnetic radiation, and structural damage (cracks) to his adjacent property

¶ 2–3

Respondent No. 4 contended that the terrace was leased to Bharti Airtel for landline services (not mobile services), which do not emit harmful radiation, and that the DG Set had already been removed

¶ 6, 10

An inspection report by the Municipal Corporation of Delhi (MCD) dated May 13, 2025, confirmed the absence of the DG Set

¶ 11, 14

02Issues

i.1. Whether the installation of a Data Server/Landline Telephone Exchange in a residential area emits hazardous radiation or requires specific permission from the MCD

¶ 16, 19

ii.2. Whether the Petitioner is entitled to relief regarding noise pollution caused by the DG Set

¶ 14, 15

03Law Applied

The Court applied the principle that allegations of health hazards from telecommunication infrastructure must be supported by scientific evidence, as established in Kapil Choudhary v. Union of India (2016) and reaffirmed in Sunil Tyagi v. MCD (2026)

¶ 18

The Court also noted that in the absence of a specific MCD policy regulating Data Servers/Landline Exchanges, no prior administrative permission is mandated for their installation

¶ 19

Regarding noise pollution, the court referenced the Noise Regulations for DG Sets (2002) as elaborated by the Delhi Pollution Control Committee (DPCC)

¶ 9

04Reasoning

The Court found the Petitioner’s claims regarding electromagnetic radiation to be "bald allegations" lacking any scientific material or data to demonstrate harm

¶ 18

It distinguished the subject equipment (Landline/Broadband) from mobile towers, noting that landline exchanges provide connectivity via copper wires rather than over the air, further weakening the radiation claim

¶ 6, 16

Regarding the DG Set, the Court relied on the MCD’s status report which verified that the unit had been removed, thereby rendering the issue of noise pollution moot

¶ 14, 15

Finally, since the MCD confirmed that no policy exists requiring permits for Data Servers, the installation was not found to be "unlawful" or in violation of municipal bylaws

¶ 19

05Holding

The Court held that the relief for removal of the Data Server could not be granted as there was no evidence of health hazards or violation of municipal policy

¶ 20

The prayer regarding the DG Set was disposed of as the equipment had already been removed. The writ petition and pending applications were accordingly dismissed/disposed of

¶ 20, 21-22

LawLens.Delhi High Court

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