Judgment · High Court · 2010
Case at a glance
Outcome
Disposed of
The petition is disposed of
Key paragraphs
- Para 77. In case the permission is refused, the Corporation shall not take step to demolish the towers for a period of two weeks from the date on which the rejection order is communicated to the petitioner. The petition is disposed of. No order as to…
Judgment
Mr.A.B.Kulkarni, for Respondents. CORAM: D.K.DESHMUKH & A.R.JOSHI, JJ. DATED: 18th January,2010. P.C.:-
Rule returnable forthwith. Heard finally by consent of parties. The petitioners have erected about 125 telecommunication towers within the jurisdiction of Respondent-Corporation. It is the case of the petitioners that before erecting those 2 towers, applications to the Corporation were made for permission to erect the towers. But the Corporation has not decided those applications. In so far as one telecommunication tower at Survey no.75(part), Wonder City Co-op. Housing Society, is concerned, it is common ground that the tower has been demolished in the month of December,2009 by the Corporation.
Within a period of one week from today, the petitioner shall supply to the Corporation details of the applications made by them to the Corporation for erection of various towers and shall make any additional submission that the petitioner may like to make in support of their applications for permission to erect the towers.
The Corporation shall decide that application in accordance with law, after considering the material submitted by the petitioner, as expeditiously as possible in any case within a period of four weeks from the date on which the petitioner will submit the representation referred to above. 3
In case, according to the Corporation there are any discrepancies in the applications submitted by the petitioner, those discrepancies shall be pointed out by the Corporation to the petitioner within a period of one week from the petitioner submitting the Representation referred to above and one week shall be granted to the petitioner to remove those discrepancies, and orders on the applications shall be made only thereafter. Till the applications are decided as directed above, the Corporation shall not take any step to demolish the towers.
In so far as the tower which has already been demolished which was situated at Wonder City Building as referred to above is concerned, the petitioner shall make an application for erection of that power within a period of one week from today and the Corporation shall make an order on that application in accordance with law within a period of one week from receiving the application. 4
In case, the permission is refused to the petitioner, the remedies that may be available to the petitioner against that order of the Corporation, are left open to be adopted by the petitioner.
Operative part
In case the permission is refused, the Corporation shall not take step to demolish the towers for a period of two weeks from the date on which the rejection order is communicated to the petitioner. The petition is disposed of. No order as to costs. (D.K.DESHMUKH, J.)
(A.R.JOSHI, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition is disposed of
Which court decided this case, and when?
Bombay High Court, on 18 Jan 2010. The bench was A R JOSHI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.