Atc Telecom Infrastructure ... vs Municipal Corporation Of Greater ...
2022 Latest Caselaw 11053 Bom

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


                                        WRIT PETITION (L) NO.32886 OF 2022


                ATC Telecom Infrastructure
                Private Limited                               .. Petitioner
                         v/s.
                Municipal Corporation of Greater
                Mumbai & Ors.                                 .. Respondents



                Mr. D.S. Patil for the petitioner.

                Ms. Madhuri More i/b. Mr. S.K. Sonawane for respondent nos.1 to 3-
                MCGM.

                Mr. Abhijit P. Kulkarni for respondent no.4-SRA.

                                                         CORAM : R.D. DHANUKA &
                                                                    KAMAL KHATA, JJ.

DATED : 19TH OCTOBER, 2022.

P.C. :

1. The petitioner has impugned the order dated 26 th April, 2022 and

notice dated 3rd June, 2022 calling upon the petitioner to remove

the mobile tower installed by the petitioner sometime in the year

2010 on the ground that the same was installed without obtaining

any prior permission from the authority.

Digitally signed by SANDHYA SANDHYA BHAGU BHAGU WADHWA WADHWA Date:

2022.10.21 10:52:40

+0530

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2. 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 four weeks from today. If such online

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.

3. It is made clear that if the application is not made by the

petitioner under Section 44 of the MRTP Act within four weeks

from today, the respondents would be at liberty to execute the

impugned order forthwith thereafter. If any such application is

made by the petitioner and if the same is found in order in

accordance with the rules and guidelines, the same shall be

considered by the respondents and shall pass an appropriate

order within four weeks thereafter.

4. The order that would be passed by respondent no.2 shall be

communicated to the petitioner within one week from the date of

passing such order.

913.wpl-32886-22.doc wadhwa

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

2014 in Writ Petition (L) no.2043 of 2014 (Tower and

Infrastructure Providers Association & Anr. v/s. 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.

6. The petition is disposed off in the aforesaid terms.

(KAMAL KHATA, J.) (R.D.DHANUKA, J.)

913.wpl-32886-22.doc wadhwa