Indus Towers Limited v. Thane Municipal Corporation And ORS.

907_wp_11039_2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11039 OF 2016 Indus Towers Ltd.

...Petitioner

Versus

Thane Municipal Corporation & Ors.

...Respondents

...

Mr. Surel S. Shah with Mr. Amit Khairnar, Mr. Prasad Dhonde i/b. M/s. D.H. Law and Associates for the Petitioner.

Mrs. R.A. Salunkhe, AGP for Respondent- State. Ms Nalanda Jadhav i/b. Mr. N.R. Bubna for Respondent Nos.1 and 2. CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED : 5th OCTOBER, 2016 P. C. :

Heard the learned counsels appearing for the respective parties. 2.

The only grievance of the Petitioner is that the appeals filed by the Petitioner, challenging the orders passed by the Thane Municipal Corporation under section 260 (1) and (2) of the Maharashtra Municipal Corporation Act, 1949, are not yet decided by the Respondent No.7. 3.

In the light of above grievance, we deem it convenient to dispose of the petition by directing Respondent No.7 to dispose of the said appeals as expeditiously as possible and in any case within a period of eight weeks from the date of receipt of copy of this order. Ordered accordingly. Megha 1/2

907_wp_11039_2016.doc 4.

During the pendency and final disposal of the said appeal, no coercive action shall be taken against the Petitioner in respect of the demolition of towers mentioned at Exh.'B'.

4.

It is made clear that we have not gone into the merits of the matter and the appellate authority shall decide the said appeals independently, in accordance with law.. All points and contentions of the respective parties are expressly kept open.

(ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) Megha 2/2