Indus Towers Limited v. Bhiwandi Nizampur Municipal Corporation And ORS.

wp-4574.17.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4574 OF 2017 Indus Towers Limited ... Petitioner Vs.

Bhiwandi Nizampur Municipal Corporation and Ors. ... Respondents Mr. A.V. Anturkar, Senior Advocate i/by Mr. Sugandh B. Deshmukh for the Petitioner.

Mr. N.R. Bubna for the Respondent Nos.1 to 4. CORAM : A.S. OKA & SMT. VIBHA KANKANWADI, JJ.

DATE :

3rd AUGUST, 2017 P.C.

Heard the learned Senior Counsel appearing for the petitioners. The challenge in this Petition under Article 226 of the Constitution of India is to the communications at Exhibit - H and Exhibits - L-1 to L-32 by which the applications made by the petitioners for grant of permission to erect mobile towers have been rejected. The petitioners have an efficacious statutory remedy of preferring Appeals under Section 47 of the Maharashtra Regional and Town Planning Act, 1966 (for short "MRTP Act". All the grounds which

wp-4574.17.odt are raised in the Petition can be gone into by the Appellate Authority. In view of availability of an efficacious remedy by way of an Appeal under Section 47 of the MRTP Act, we decline to entertain this Petition. Accordingly, the Petition is disposed of by permitting the petitioners to adopt the said remedy. All contentions on merits are kept open. If Appeals are preferred by the petitioners within a period of one month from today, the Appellate Authority shall note that the present Writ Petition was filed on 24 th March, 2017 and that the same remained pending till today. We make it clear that the petitioners will be entitled to rely upon various orders of this Court before the Appellate Authority which shall be taken into consideration by the Appellate Authority. (SMT. VIBHA KANKANWADI, J) (A.S. OKA, J)