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Bombay High CourtCAI/188/2015disposed off

Indus Towers Limited v. Mr. Arif Nawaz Mohammed Mustafa Iraqi

2016-03-02Hon'Ble Shri Justice C.V. Bhadang,Hon'Ble Shri Justice A.S. Oka1 pages

cai-188.15 in pil-221.14 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.188 OF 2015 IN PUBLIC INTEREST LITIGATION NO.221 OF 2014 Mr. Arif Nawaz Mohammad Mustafa Iraqi ... Petitioner Vs.

Thane Municipal Corporation and Ors.

... Respondents And Indus Towers Limited ... Applicant/ Intervenor Mr. V.A. Thorat, Senior Advocate a/w Mr. Surel S. Shah and Mr. Prasad Dhande i/by D.H. Law Associates for the Applicant. Mr. Mahesh Rawool i/by Mr. Kayval P. Shah for the Petitioner. Mr. R.S. Apte, Senior Advocate i/by Mr. N.R. Bubna for the Respondent No.1.

Mrs. M.P. Thakur, AGP for the Respondent No.4. CORAM : A.S. OKA & C.V. BHADANG, JJ.

DATE : 2nd MARCH, 2016 P.C.

It is not in dispute that certain orders have been passed by the Municipal Corporation in relation to the mobile towers of the Applicant directing removal thereof. The remedy of the Applicant is to challenge the said orders in accordance with law. Therefore, it is not necessary to entertain this application for intervention and the same is disposed of by keeping the remedies open. The issue of legality and validity of the said orders is kept open.

(C.V. BHADANG, J ) (A.S. OKA, J )