Bombay High Court
Atc Telecom Infrastructure Pvt ... vs Municipal Corporation Of Greater ... on 13 September, 2022
Bench: R.D. Dhanuka, Kamal Khata
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.28489 OF 2022
M/s.ATC Telecom Infrastructure Pvt. Ltd. .. Petitioner
Versus
Municipal Corporation of Gr. Mumbai & Ors. .. Respondents
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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.
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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 pointed out the application
dated 26th December 2009 submitted on 14th January 2010 for permission
to install Cellular Mobile Telecommunication Systems annexed as Exhibit
'A' to the petition.
4. It is submitted that though the said application was pending
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since 2010, the Municipal Corporation overlooked the said application
and passed an order dated 18th August 2022 after issuing notice dated 11th
July 2022. No hearing was granted to the petitioner before passing the
impugned order.
5. Learned counsel for the Corporation states that under the
new policy, all regularisation applications will have to be made online.
Learned counsel for the petitioner states that his client would make an
application for regularisation within a period of three weeks from today.
Statement is accepted.
6. 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. Learned counsel for the
respondent Corporation does not dispute that the application for
permission to install the Cellular Mobile Telecommunication Systems
was already made in the year 2010.
7. In our view, since the petitioner was not granted any
hearing, Municipal Corporation could not have passed the impugned
order dated 18th August 2022 calling upon the petitioner to remove the
Cellular Mobile Telecommunication Systems.
8. 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
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petitioner is taken and for a further period of two weeks from the date of
receipt of the decision by the petitioner.
9. 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.
