Atc Telecom Infrastructure Pvt. Ltd. Through Its Authorized Representative Mr. Sachin Sonawane v. Thr Gram Panchayat Ateet And ORS.

SWAROOP SHARAD PHADKE SWAROOP SHARAD PHADKE Date: 2021.09.22 17:12:28 +0530 wp 2642 of 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2642 OF 2021 ATC Telecom Infrastructure Pvt. Ltd.

...

Petitioner

Versus

The Gram Panchayat Ateet and Ors.

...

Respondents Mr. Hafeezur Rehman, for Petitioner.

Mr. Prasad Avhad i/by Mr. Kuldeep Nikam, for Respondent Nos.1 to 3. Mrs. M.P.

Thakur, AGP, for State.

CORAM: S.J. KATHAWALLA & MILIND N. JADHAV, JJ.

DATE :

10th AUGUST, 2021 P.C. :

1.

By the above Writ Petition, the Petitioner interalia seeks the following reliefs :

"(a) That this Hon'ble Court do issue a Writ of Certiorari or a Writ in the nature of Certiorari or any other appropriate writ, order or direction calling for the records pertaining to the impugned order at Exhibit G hereto and after going through the legality or otherwise thereof, do quash and set aside the same;

(b) That this Hon'ble Court do issue a Writ of Mandamus or a Writ in the nature of Mandamus or any other appropriate Writ, order or direction directing the Respondents to give the personal hearing to the Petitioners and to after that grant them permission and allow them to operate their mobile tower at G.P. Property No.588 (A + B), Ateet, Tal. And District Satara;

"

2.

Admittedly, the NOC granted to the Petitioner was cancelled/revoked SSP 1/2

wp 2642 of 2021.doc by the Respondent No.1 on the ground that certain complaints have been received from the villagers of the area, in which the mobile tower is constructed. Admittedly, copies of the purported complaints were not provided to the Petitioner and no hearing was provided to them in that regard. In view thereof, the impugned order dated 19 th April, 2021 is set aside and the Respondent No.1 is directed to hear the Petitioner and thereafter, pass an order in the matter. The entire exercise of giving a fresh hearing and passing of the order shall be completed within a period of four weeks from the date of uploading of this order. All contentions of the parties are kept open. All steps taken by the Petitioner in the meantime, shall be subject to the further orders passed by the Respondent No.1. Needless to add that if the order passed by the Respondent No.1 is against the Petitioner, they shall be at liberty to impugn the same and seek appropriate reliefs. The Writ Petition as well as Interim Application are accordingly disposed of.

( MILIND N. JADHAV, J.) ( S.J.KATHAWALLA, J. ) SSP 2/2