Atc Telecom Infrastructure ... vs Municipal Corporation Of Greater ...
2022 Latest Caselaw 9168 Bom

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

                   WRIT PETITION (L) NO.28520 OF 2022

M/s.ATC Telecom Infrastructure Pvt. Ltd.              .. Petitioner
     Versus
Municipal Corporation of Gr. Mumbai & Ors.            .. Respondents

           ---
Mr.Dadaso S. Patil for the petitioner.
Ms.Sheetal Metakari i/by Mr.Sunil Sonawane for the respondent-
MCGM.
Mr.Bhagwat Waghmare, Jr. Engineer (B & P), R/South Ward present.
           ---
                         CORAM : R.D. DHANUKA &
                                       KAMAL KHATA, JJ.

                       DATE         : 13th September 2022
P.C.:-

.               Rule. Rule made returnable forthwith. Ms.Metakari, learned

counsel waives service for the respondent-MCGM.

2. By this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for a writ of certiorari for quashing and setting aside the notice dated 11 th July 2022 and the impugned order dated 18th August 2022 and for other reliefs.

3. Learned counsel for the petitioner has pointed out the application dated 22nd April 2008 (Exh.-A to the Petition) made by the petitioner to the Commissioner, MCGM for regularisation of the Cellular Tower.

4. Learned counsel for the respondent Corporation states that under the new policy, all regularisation applications will have to be made

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online. Learned counsel for the petitioner states that his client would make a fresh online application for regularisation within a period of three weeks from today. Statement is accepted.

5. If any such application for regularisation is made, the same shall be decided by the Corporation expeditiously and the decision thereof shall be communicated to the petitioner.

6. 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. Vs. The State of Maharashtra), we direct that no coercive steps shall be taken against the petitioner 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.

7. The petition is disposed off in the aforesaid terms. Rule is made absolute. No order as to costs. Parties to act on the authenticated copy of this order.

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