New Delhi: Works carried out by government
agencies at public places should not hamper business of
others, a Delhi court has said on Sunday while directing MTNL to remove
its cables and boxes installed near a private shop here.
The court also restrained Mahanagar Telephone Nigam
Limited from making any permanent structure in front or
adjoining the shop whose owner had to wage a legal battle
against the state-owned telecom major for seven years.
The order came on a suit filed by north Delhi-based shop
owner A D Kukreja who said he was suffering loss in business
as the boxes installed by the MTNL were causing problems.
He told the court that MTNL officials started digging the
earth beneath the boxes to mend some cable work, but it was
done in such a way that it started touching the foundation of
"Decree of mandatory injunction is passed in favour of
the plaintiff (Kukreja) and against the defendant (MTNL) and
defendant, its officials are directed to remove the cables and
two pair boxes in front/adjoining the shop of plaintiff
situated at Kamla Nagar and further directed to install
pillars/box to some other place within two months," senior
civil judge Ajay Goel said.
"The decree of permanent injunction is also passed in
favour of plaintiff and against defendant and the defendant,
its officials, servants are restrained from establishing
or making any sort of permanent structure in front, adjoining
the shop of the plaintiff," the judge said.
Kukreja, in his plea, said he and his son had opened a
mobile shop in Kamla Nagar and his shop was open in two sides.
But they have been operating from one side only.