1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1983 /2010 (Idea Cellular Limited vs. State of Maharashtra and others ) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... CORAM : D.D.SINHA & A.P.BHANGALE, JJ DATED : 21st January, 2011. Heard Mr M. Anil Kumar, learned counsel for the petitioner; Mr Jaiswal, learned counsel for Respondent No.1 and Mr C.S.Kaptan, learned counsel for respondent no.2. The petitioner is a service provider who has erected mobile towers. Learned counsel for the petitioner has not disputed that the petitioner has already made an application under section 44 of the Maharashtra Regional and Town Planning Act, 1966 which is pending before the authorities of the Nagpur Municipal Corporation. Mr. Kaptan, learned counsel for the Municipal Corporation submitted that the application of the petitioner u/s 44 of the MRTP Act shall be considered in accordance with law and procedure applicable in this regard and on its own merit within a period of four weeks by following the principles of natural justice. 2 Learned counsel for the petitioner states that till the application of the petitioner is decided, the interim order dated 29th June, 2010 may kindly be continued and the validity of the demand notice dated 18.12.2009 may kindly be kept open with liberty to challenge the same by filing a separate petition. Considered the contentions canvassed by the respective counsel in the present case. It is not in dispute that the application of the petitioner u/s 44 of the MRTP is pending for decision before the authorities of the Corporation. Mr Kaptan, has already made a statement that the said application shall be decided by the authorities of the Corporation within a period of four weeks. In that view of the matter, no specific direction in this regard is necessary. In the circumstances, Writ Petition is disposed of. The interim order dated 29th June, 2010 to continue till the decision is taken by the Corporation on the application of the petitioner. Liberty asked for is granted. Learned counsel for the petitioner states that the interim order may kindly be continued for a further period of two weeks after the decision is taken by the the Corporation. Since similar relief is granted in other petitions, which we have already disposed of, the interim order shall operate for a period of two weeks from the date of the order passed by the Corporation and the same 3 shall cease to operate automatically after expiry of two weeks. With these observations and directions, Writ Petition is disposed of. JUDGE JUDGE sahare