Veena Rajesh Arora And Others v. The State Of Maharashtra Through Secretary And Others

12836.23wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 120 WRIT PETITION NO.12836 OF 2023 VEENA RAJESH ARORA AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ....

Mr D. R. Irale Patil, Advocate for Petitioners; Mr D. R. Kale, G.P. for Respondent Nos.1 & 2 Mr V. G. Deshmukh, Advocate h/f Mr S. S. Tope, Advocate for Respondent No.3 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 17th October, 2023 PER COURT:

1.

The learned Advocate for the Petitioners points out the photographs, as well as a communication dated 24/08/2023, received by the Petitioners from the Municipal Corporation of Aurangabad, indicating that the mobile tower erected over the Bungalow of Respondent No.4, is an illegal installation. 2.

The learned Advocate representing the Corporation points out Clauses 8 and 9 of the 'Draft Instructions' as regards the policy for setting up the base station/cellular sites and installation of the equipments for telecommunication network in

12836.23wp (2) State of Maharashtra, appended to the Government Resolution dated 26/07/2011.

3.

We find that the Corporation can issue a notice to Respondent No.4 and initiate appropriate steps by following the due procedure of law.

4.

With the above observation, this Writ Petition is disposed off.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk