skc 1 WP-7487-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7487 OF 2011 Viom Infra Networks (Maharashtra) Ltd. ..Petitioner versus State of Maharashtra & Anr. ..Respondents Mr. H. S. Venegavkar for Petitioner. Mr. S. N. Patil - Assistant Government Pleader for State – Respondent No. 1 Mr. A. A. Garge for Respondent No. 2. CORAM : D. D. SINHA AND SMT. V. K. TAHILRAMANI, JJ. 14 September 2011 P.C. : Heard the learned counsel for the parties. 2. The petitioner in the present writ petition is seeking direction to the respondent no. 2 to allow the petitioner to function its mobile bay station / telecommunication towers owned and operated on the site mentioned in Exhibit ‘B’ to the petition, which are 39 in numbers and are located within the territorial jurisdiction of the respondent no.2. It is submitted that the petitioner has already applied for permission under section 44 of the Maharashtra Regional and Town Planning Act 1966 and the said applications are pending with the respondent no.2 for decision. It is skc 2 WP-7487-11 therefore prayed that the respondent no.2 be directed to decide the same in accordance with law within the stipulated period and till such time the decision is taken, the respondent may be further directed not to take coercive action. 3. The learned counsel for the respondent no.2 states that the applications of the petitioner shall be decided as per the directions of this Court. 4. On the backdrop of the above referred facts, if the applications submitted by the petitioner under section 44 of the MRTP Act are pending for decision, we direct the respondent no.2 to decide the same in accordance with law and the procedure applicable in this regard on its own merits within a period of four weeks from today. In the interest of justice, till then no coercive action be taken in the matter. However, this protection shall cease to operate on expiry of the last day of the fourth week. With these observations the writ petition is disposed of. (D. D. SINHA, J.) (SMT. V. K. TAHILRAMANI, J.)