Indus Towers Ltd. v. Municipal Corp. Of Greater Mumbai And 2 ORS.

(906) wpl-2646.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION LODING NO.2646 OF 2016 Indus Towers Limited : Petitioner.

versus Municipal Corporation of Greater Mumbai Through its Commissioner and ors.

: Respondents.

Mr. Surel S Shah a/w Mr. Saahil Memon i/by D.H.Law Associates for the Petitioner.

Mr. A Y Sakhare, Senior Advocate, with Ms. K H Mastakar for the Respondent Nos.1 and 2 BMC.

Mrs. Geeta Shastri, Additional GP for the Respondent No.3. CORAM :

R. M. SAVANT, J.

DATE :

06th October 2016 P.C.

After arguing for some time the learned counsel appearing for the Petitioner Shri Surel S Shah on instructions of learned Advocate Shri Saahil Memon, the representative of the advocates for the Petitioner M/s. D H Law Associates, who in turn has been instructed by Shri Gaurav Bora, the Senior Executive of the Petitioner, makes a statement that the Petitioner would not press the above Petition and would withdraw the Petition with liberty to file an application for regularization of the mobile tower in question within two weeks from date, in the office of the Executive Engineer, Building Proposal, Department of Special Cell, Municipal Corporation of Greater Mumbai, Powai, Mumbai. If any such application/proposal is filed, needless to state that the Municipal Corporation of Greater Mumbai ("the MCGM" for short) would lgc

(906) wpl-2646.16 consider the same in accordance with law. For a period of two weeks from date, the MCGM would not take any coercive action against the mobile tower in question. The Petitioner thereafter would be entitled to apply to the concerned authorities of the MCGM for continuation of the protective order having regard to Section 53 of the Maharashtra Regional Town Planning Act, 1966 It is made clear that if no application is filed within two weeks from date, the MCGM would then free to proceed against the mobile tower in question in accordance with law. Subject to the aforesaid directions, the above Writ Petition is allowed to be withdrawn with liberty as prayed for. [R.M.SAVANT, J] lgc