1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. WRIT PETITION NO.4543/2009 Bharti Infra Tel. Ltd.. ..Petitioner. -VERSUS- The State of Maharashtra and others. ..Respondents ......... Mr.A.V.Anturkar i/b Mr.Sugandh B. Deshmukh, Advocate for the Petitioner. Mr.V.S.Masurkar, Government Pleader for the Respondent No.1/State. Mr.Vijay Patil, Advocate for the Respondents Nos.2 and 3. .......... CORAM : J.N.PATEL & MRS.MRIDULA BHATKAR, JJ DATED : 04th MAY, 2009. P.C. : 1 Not on board. Mentioned, hence, taken on board. 2 Issue notice to the Respondents returnable on 11th June, 2009. 3 Mr.V.S.Masurkar waives service for the Respondent No.1. Mr.Vijay Patil waives service for the Respondents Nos.2 and 3. 4 Heard. 5 Leave to suitably amend the prayer clause is granted. Amendment be carried out forthwith. The Respondents want time to file the reply. 6 In the meantime, we direct the Respondents Nos.2 and 3 not to initiate any action against the Petitioner in pursuance to the notice without following due process of law. We further clarify that the statutory notice shall also be given to the Petitioner as well as owner of the building. 7 At this stage, Mr.Patil, learned counsel appearing for the Respondents Nos.2 and 3, submits that the petition can be disposed of with the aforesaid 2 direction as the Respondent/Corporation would take necessary action by following due process of law as directed by this Court. 8 The learned Government Pleader submits that as the matter pertains to the Ulhasnagar Municipal Corporation, the State has nothing to say in the matter. 9 We, therefore, dispose of the petition with direction to the Respondents Nos.2 and 3 not to demolish the subject towers without giving statutory notice to the Petitioner as well as the owner of building on which the towers are erected by the Petitioner and/or Agency. 10 Petition is disposed of. (MRIDULA BHATKAR, J) (J.N.PATEL, J) kps