Atc Telecom Infrastructure Pvt. Ltd. v. The State Of Maharashtra Thr Its Chief Secretary And ORS
by HEMANT CHANDERSEN SHIV Date:
2022.04.29 11:09:00 +0530 HEMANT CHANDERSEN SHIV Shiv
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4641 OF 2022 ATC Telecom Infrastructure Pvt. Ltd.
... Petitioner vs The State of Maharashtra & Ors.
... Respondents Mr. Sharan Jagtiani, Senior Advocate with Mutahhar Khan i/b Hafeezur Rahman for the Petitioner.
Mr. R. P. Kadam, AGP for the Respondent-State. CORAM: REVATI MOHITE DERE & MADHAV JAMDAR, JJ.
DATE : 25TH APRIL 2022 P.C:- 1.
By this petition, the petitioner essentially seeks a direction to the respondent nos.1 to 3 to grant police protection to the petitioner, at the site where mobile tower is installed, whenever required, in view of the threats/obstruction from respondent nos.7 to 20.
2.
On 19th April 2022, the following order was passed : "1. Learned counsel for the petitioner states that the petitioner will make an appropriate application tomorrow, during the course of the day, before the Superintendent of Police, District Palghar and Raigad, seeking police protection at the sites where the mobile tower has been installed by the petitioner.
2. If such an application is made, the Superintendent of Police, Palghar and Superintendent of Police Raigad District to decide the said application as expeditiously as possible and in any event on or before 23rd April 2022.
3. Stand over to 25th April 2022 at 2.30 p.m." 3.
Today, learned AGP on instructions states that the petitioner's representation/application seeking police protection at the sites where the mobile towers have to be installed, will be decided on or before 30th April 2022.
4.
Needless to state, that if the said application/representation is allowed, the costs of police protection shall be borne by the petitioner.
5.
Needless to also state, that in future, if a representation/application is made by the petitioner seeking similar reliefs i.e. seeking police protection at the sites where the mobile tower is installed, the said representation/application shall be decided by the Superintendent of Police, Palghar and Superintendent of Police, Raigad District, as expeditiously as possible and preferably within seven days from the date of receipt of the said representation/application, in accordance with law. 6.
In view of the aforesaid, the grievance of the petitioner stands redressed.
7.
The petition is accordingly disposed of on the aforesaid terms.
8.
All parties to act on an authenticated copy of this order. MADHAV JAMDAR, J.
REVATI MOHITE DERE, J.