Indus Towers Limited v. Municipal Corporation Of Gr.Mumbai And 2 ORS

911 wpl 2707-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 2707 OF 2016 Indus Tower Limited ..Petitioner v/s.

Municipal Corporation of Gr. Mumbai ..Respondents Mr. Surel Shah a/w. Mr. Sahil Mahajan i/b.D.H.Law Associates for the Petitioner.

Mrs. Shobha Ajitkumar for the BMC.

Mr.Amar Mishra, AGP for the State.

CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI,JJ.

DATED : OCTOBER 21, 2016.

P.C.

1.

Having heard learned Counsel for the respective parties, we deem it convenient to dispose of this petition by directing the Competent Authority/ Appropriate Officer of the Mumbai Municipal Corporation to decide the application/representation dated 7.5.2015 (copy of which is annexed at Exh.D to this petition), filed by the petitioner for regularization of the temporary antenna and cabin as expeditiously as possible, and preferably within a period of four pps

911 wpl 2707-16.doc weeks from the date of receipt of this order. 2.

Ordered accordingly.

3.

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

4.

Till disposal of the said application, both the parties shall maintain status quo.

5.

In case the order on the said representation be adverse to the petitioners interest, same shall not take effect for the period of two weeks from the date of communication of the same to the petitioner. (ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) pps