Bombay High Court
Atc Telecom Infrastructure ... vs Municipal Corporation Of Greater ... on 8 March, 2022
Bench: A.A. Sayed, Abhay Ahuja
1/3
12-wpl-6574-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 6574 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 : 8 MARCH 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 18
January 2022 (Exhibit L) and Impugned Oder dated 26
February 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
18th January, 2022 (Exhibit-L) and Impugned Order dated 26 th
February 2022 (Exhibit-N);
Digitally
signed by
UDAY
UDAY PRABHAKAR
PRABHAKAR KAMBLI
KAMBLI Date:
2022.03.09
15:48:24
+0530 Uday.P.Kambli
12-wpl-6574-2022.doc
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 dated 18th January, 2022 (Exhibit-L) and Impugned
Order dated 26th February 2022 (Exhibit-N);
2. Learned Counsel for the Petitioner has pointed out the
Application dated 19th MAY 2010 (Exh. A to the Petition). The said
Application was made by the Petitioner to the Executive Engineer,
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 12th
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
Uday.P.Kambli 2/3
12-wpl-6574-2022.doc
until the decision on the Regularisation 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.)
Uday.P.Kambli 3/3
