Atc Telecom Infrastructure ... vs Municipal Corporation Of Greater ...
2022 Latest Caselaw 5286 Bom

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                                                                              12-wpl18149-2022.doc


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    ORDINARY ORIGINAL CIVIL JURISDICTION

                         WRIT PETITION (L) NO. 18149 OF 2022

ATC Telecom Infrastructure Pvt. Ltd.                                  ... Petitioner

           versus

Municipal Corporation of Greater
Mumbai & Ors.                                                         ... Respondents
                                            ...
Adv. D. S. Patil for the Petitioner.
Ms. Madhuri More for the Respondent-BMC
                                     ...

                                     CORAM :            A.A. SAYED &
                                                        ABHAY AHUJA, JJ.

                                      DATED :           10 JUNE 2022
P.C.:

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 the records and proceedings pertaining to the issuance of the Impugned Notice dated 9 March 2022 (Exhibit L) and Impugned Oder dated 3 June 2022 received by Petitioner on 7 June 2022 (Exhibit-N); and after considering the legality and propriety thereof to quash and set aside the same;

b. that the Hon'ble Court be pleased to issue a writ of Certiorari or a writ in the nature of the Certiorari or any other appropriate writ, order or direction under Article 226 of the Constitution of India directing the Respondent No.1 an 2 to forthwith withdraw and cancel the Impugned Notice dated 9 March 2022 (Exhibit-L) and Impugned Order dated 3 June 2022 received by Petitioner on 7 June 2022 (Exhibit-N);

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            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 other 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 Impugned Notice dated 9 March 2022 (Exhibit- L) and Impugned Order dated 3 June 2022 received by Petitioner on 7 June 2022 (Exhibit-N));

2. Learned Counsel for the Petitioner has pointed out the Application

dated 16 January 2016 (Exh. A to the Petition). The said Application was

made by the Petitioner to the Commissioner, MCGM for regularisation of the

Cellular Tower.

3. Learned Counsel for the Respondent-Corporation states that under

the new policy all such Regularisation Applications have to be made online.

Learned Counsel for the Petitioner states that the Petitioner would make a

fresh online Regularisation Application within a period of three weeks from

today. If such online Regularisation Application is made, the same shall be

decided by the Respondent-Corporation expeditiously and the decision

thereof shall be communicated to the Petitioner.

4. In view of the Division Bench Judgment dated 12 th September, 2014

in WPL/2043/2014 (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 Regularisation

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12-wpl18149-2022.doc

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 of in the aforesaid terms.

 (ABHAY AHUJA,J.)                                           (A.A.SAYED, J.)




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