Atc Telecom Tower Corporation Private Limited v. Mira Bhayander Municipal Corporation And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.6597 OF 2014 ATC Telecom Tower Corporation Private Limited

...Petitioner

vs.

Mira Bhayander Municipal Corporation & Ors.

...Respondents

Mr.Amit Jamsandekar a/w Rahul Bothra i/b D.H.Law Associates for the petitioner Mr.N.R.Bubna for the respondent Nos.1 and 2 Ms M.P.Thakur, AGP for respondent No.3 CORAM : A.S.OKA, & A.K.MENON, JJ.

DATE : JANUARY 23, 2015 P.C.:

Heard the learned counsel for the petitioner and the learned counsel for the respondent Nos.1 and

2. Prayer (a) refers to applications made by the petitioner for grant of permission for erecting terrace antena and other allied work. The grievance of the learned counsel for the respondent Nos.1 and 2 is that no particulars of the pending applications have been provided.

Considering the limited controversy, we dispose of the petition by passing the following order: (I) We direct the petitioner to provide true copies of the applications made to the first respondent which are pending to all concerned

Ward Officers on or before 6th February 2015; (II) If the applications made by the petitioner have been already disposed of, copies of the orders passed on the applications be provided to the petitioner within a period of two weeks from 6th February 2015;

(III) If the applications are not yet disposed of, the same shall be disposed of within a period of two months from 6th February 2015;

(IV) The orders passed on the respective applications be communicated to the petitioner or to the licensed Architect of the petitioner; (V) Till the date of communication of the orders passed on the respective applications to the petitioner or to the licensed Architect of the petitioner, whichever is earlier, adinterim relief granted on 18th July 2014 by this Court will continue to operate in relation to the towers/structures in respect of which order are passed;

(VI) If the orders passed on the applications be adverse to the petitioner, ad-interim relief granted on 18th July 2014 will continue to operate in relation to the relevant structures for a period of one month from the date of service of the orders to the petitioner or to its licensed Architect, whichever is earlier; (VII) All contentions on merits are kept open;

(VIII) Writ Petition is disposed of on above terms.

(A.K.MENON,J.) (A.S.OKA,J.)