Bombay High Court
Atc Telecom Infrastructure Pvt ... vs Municipal Corporation Of Greater ... on 5 August, 2022
Bench: R.D. Dhanuka, Kamal Khata
Digitally signed by
JAYARAJAN JAYARAJAN
ANJAKULATH ANJAKULATH NAIR
NAIR Date: 2022.08.06
14:10:02 +0530
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.24957 OF 2022
ATC Telecom Infrastructure Pvt. Ltd. ] ... Petitioner
Vs.
Municipal Corporation of Greater ]
Mumbai & Ors. ] ... Respondents
...
Mr. D.S. Patil for the petitioner.
Mr. Narendra Walawalkar, senior advocate with Ms. Madhuri
More for respondent-MCGM.
Mr. Vaibhav Godase AE (B & F) K/W and Mr. Pavan Shingare,
SEL (B & F) K/W are present in the court.
...
CORAM : R.D. DHANUKA &
KAMAL KHATA, JJ.
DATED : 05TH AUGUST, 2022.
P.C.:-
1. The petition is filed seeking the following reliefs:
"a. that the Hon'ble Court be pleased to issue a writ of
Certiorari or a writ in the nature of Certiorari or
any other appropriate Writ, order or direction under
Article 226 of the Constitution of India calling for
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the records and proceedings pertaining to the
issuance of the Impugned Notice dated 23 rd June,
2002 (Exhibit-L) and Impugned Order dated 29th
July, 2022 (Exhibit-N); and after considering the
legality and propriety thereof to quash and set aside
the same;
b) that this Hon'ble Court be pleased to issue a writ of
mandamus or a writ in the nature of mandamus or
any other appropriate writ, direction or order under
Article 226 of the Constitution of India directing the
Respondent No.1 and 2 to decide the regularization
application dated 23rd September, 2016 (Exhibit-A)
in accordance with law;
c) that this Hon'ble Court be pleased to issue a writ of
mandamus or a writ in the nature of mandamus or
any other appropriate writ, direction or order under
Article 226 of the Constitution of India restraining
the Respondents, their subordinates and officers
from taking any further steps in furtherance to
and/or in implementation of the Impugned Notice
dated 23rd June, 2022 (Exhibit-L) and Impugned
Order dated 29th July, 2022 (Exhibit-N)."
2. Learned counsel for the petitioner has pointed out the
Application dated 23/09/2016 (Exh.-A to the Petition). The said
Application was made by the petitioner to the Commissioner,
MCGM for regularization of the Cellular Tower.
3. Learned counsel for the respondent-Corporation states that
under the new policy, all such regularization applications have to
be made online. Learned counsel for the petitioner states that the
petitioner would make a fresh online regularization application
within a period of three weeks from today. If such online
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regularization application is made, the same shall be decided by
the respondent-Corporation expeditiously and the decision
thereof shall be communicated to the petitioner. The Application
shall be made to E.E. (B.P.) Special Cell of respondent No.1.
4. In view of the Division Bench Judgment dated 12/09/2014
in Writ Petition (L) No.2043 of 2014 (Tower and Infrastructure
Providers Association & Anr. vs The State of Maharashtra), we
direct that no coercive steps shall be taken against the petitioner
until the decision on the regularization application of the
petitioner is taken and for a further period of two weeks
from the date of receipt of the decision by the petitioner.
5. The petition is disposed off in the aforesaid terms.
[KAMAL KHATA, J.] [R.D. DHANUKA, J.]
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