Court issued directions for a fresh application regarding a mobile tower on CHS premises, requiring decision by Executive Engineer within eight weeks.
Directions issued for filing an application within two weeks and its expedited decision within eight weeks; petition disposed off.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 WP-3713-11.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3713 OF 2011
Gajanan Pednekar ..Petitioner Vs Commissioner, Mumbai Municipal Corporation and ors. ..Respondents
Mr.Ravindra Lokhande, for petitioner.
Mr.M.M.Malvankar, for respondent nos.1 and 2.
Ms.Ankita Singhania with Mr.Rehman i/b.M/s.D.H.Law Associates, for respondent no.5.
Mr.S.D.Rayrikar, AGP for respondent nos.6 to 8.
CORAM : D.K.DESHMUKH &
R.G.KETKAR, JJ.
DATE : 4th JULY, 2011
P.C:
The grievance of the petitioner is that the tower of the respondent no.5 erected on the building owned by the respondent no. 3 - Shree Suryodaya Apt. CHS Ltd. has been illegally erected. The stand of the respondent no.5 - Loop Mobile (India) Limited is that the said tower is now owned by ATC Telecom Tower Corporation Pvt. Ltd.
2 WP-3713-11.odt
and that they had applied for permission to the Corporation to erect the tower and because the Corporation did not reject their application within 60 days, the Corporation is deemed to have granted them permission. In the circumstances, in our opinion, following order would meet the ends of justice:-
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(iii) Petition stands disposed of. All contentions of both the
sides are kept open.
[R.G.KETKAR, J.] [D.K.DESHMUKH, J.]
1 issue framed by the court
Whether a writ petition concerning the legality of a mobile tower erected by a private company should be disposed of conditionally.
1 provisions across 1 enactments
Gajanan Pednekar
Commissioner, Mumbai Municipal Corporation
Loop Mobile (India) Limited
ATC Telecom Tower Corporation Pvt. Ltd.
Shree Suryodaya Apt. CHS Ltd.
D.K.Deshmukh
R.G.Ketkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court