Indus Towers Limited v. Municipal Corporationof Greater Mumbai And 8 ORS

936-WPL-2611-2017.DOC Jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 2611 OF 2017 Indus Towers Ltd. & Ors.

... Petitioner

Versus

Municipal Corporation of Gr. Mumbai & Ors.

...Respondents

Mr. Surel Shah, with Mr. Prrasad Dhande, Mr. Amit Kharwar and Mr. Toufiq Kapadia i/b Link Legal India Law Services for the Petitioners.

Ms. Shruti Tulpule, for the Respondent Nos. 3 to 6. Ms. K.H. Mastakar, for MCGM.

Ms. G.R. Shastri, Addl. G.P.

Mr. Padmakar Chavan, Asstt. Engineer.

CORAM:

SMT. VASANTI A NAIK AND MR. RIYAZ I. CHAGLA, JJ.

DATED:

16TH NOVEMBER 2017 PC:- By this writ petition, the petitioner seeks a declaration that the respondent - corporation would not be entitled to direct the petitioner to remove the mobile tower standing on the concerned building without granting an opportunity to the petitioner. Ms. Mastakar, the learned counsel for the corporation states that the petition is premature. It is stated that the apprehension of the petitioner is not well founded. It is stated that if the corporation authorities decide to take any action for the removal of mobile tower of the petitioner, the petitioner would be served with a notice before passing an adverse order.

In view of the statements made on behalf of the corporation, 1/2

936-WPL-2611-2017.DOC the grievance of the petitioner would stand redressed. Hence, in view of the aforesaid, the concerned respondents may restore the electric supply to the petitioner's mobile tower. The writ petition stands disposed of.

Order accordingly. No costs.

( RIYAZ I. CHAGLA J. ) ( SMT. VASANTI A. NAIK, J. ) 2/2