1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10015 OF 2009 ... Bharti Infratel Ltd.& Anr. ...Petitioners v/s. Nashik Municipal Corporation and anr. ...Respondents ... Mr.Janak Dwarkadas, Sr.Counsel i/b Mustafa Motiwala for Petitioners. Mr.M.L.Patil for Respondents Nos.1 & 2. Mr.V.S.Masurkar Government Pleader for Respondent No.3. WITH WRIT PETITION NO.10110 OF 2009 ... Vodafone Essar Cellular Ltd. & anr. ...Petitioners v/s. The State of Maharashtra & ors. ...Respondents ... Mr.Puneet Anand for the Petitioners. Mr.M.L.Patil for Respondents Nos.2 to 5. Mr.V.S.Masurkar Government Pleader for Respondent No.1. 2 WITH WRIT PETITION NO.10156 OF 2009 ... Reliance Communications Ltd. & ors. ...Petitioners v/s. State of Maharashtra and anr. ...Respondents ... Ms.Chandurkar i/b Mulla & Mulla & CBC for the Petitioners. Mr.M.L.Patil for Respondents Nos. 2 & 3. Mr.V.S.Masurkar Government Pleader for Respondent No.1. ... CORAM: D.K.DESHMUKH, & K.K.TATED, JJ DATED: 3rd December,2009 P.C.: 1. Rule. Returnable forthwith. Heard finally by consent of parties. 3 2. After having heard the learned Counsel for both sides and considering that the Petitioners are willing to apply for regularisation of the alleged structures and considering inconvenience caused to the general public because of the sealing of the mobile towers, in our opinion, following order would meet the ends of justice. O R D E R (i)The Petitioners have undertaken before us to file an undertaking in this court within a period of one week from today that they will make an application to the Respondent-Corporation for regularisation of the alleged structures. (ii) The Corporation shall remove seals that have been put on the towers and also take necessary steps to restore supply of 4 electricity to those towers within a period of 48 hours from now. If the Corporation fails to do that within the aforesaid period, then the Petitioners shall be at liberty to take appropriate steps so that their towers can be activated and the Corporation shall co.operate with the Petitioners in getting it done. (iii) The Corporation shall scrutinise the applications to be filed by the Petitioners in accordance with law and if according to the Corporation the Petitioners, as a pre-condition for grant of that applications, are liable to pay some amounts to the Corporation, then such amounts and other objections/ deficiencies shall be communicated by the Corporation to the Petitioners. (iv) The Petitioners shall be at liberty to 5 adopt such remedy as may be available to them in law against the demands if the Petitioners feel aggrieved by the demands. (v) The Corporation, however, for a period of three weeks from the date of serving the demands shall not take any precipitate action to enforce the demands. (vi) In case, apart from demand for money any objections/deficiencies are pointed out by the Corporation, the Petitioners may either remove those objections or deficiencies or, if so advised, may adopt appropriate remedy against the objections/deficiencies pointed out by the Corporation, within the aforesaid period of three weeks. (vii)However, if there is no suitable order received by the Corporation from any 6 competent authority or court within the aforesaid period of three weeks, then the Corporation shall be within its right in rejecting the applications for non- compliance with the demands and take such action against the Petitioners as the law permits. (viii)The learned Counsel appearing for the Petitioners submitted that the Corporation should grant an opportunity of being heard to the Petitioners before raising the demands referred to above. (ix)The learned Counsel appearing for the Corporation submitted that it will not be practical to grant an opportunity of being heard to all the Petitioners. (x)In our opinion, though, it appears that grant of opportunity of hearing will benefit both sides, we do not want to express any opinion on that aspect, we 7 leave it to the discretion of the Corporation whether personal hearing is necessary in this case and should be granted to the Petitioners before serving the demands. (xi) Rule made absolute accordingly. No order as to costs. (D.K.DESHMUKH, J.) (K.K.TATED, J.)