1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORGINAL CIVIL JURISDICTION WRIT PETITION NO. 3695 OF 2009 Smt.Neelam Manohar Telwane. ... Petitioner. V/s. Municipal Corporation for the City of Bhiwandi Nizampur and others. ... Respondents. Sachin Dhakephalkar for the petitioner. N.R.Bubna for respondent Nos.1 and 2. Omar Khaiyam Shaikh for respondent No.3. Ramesh Dubey-Patil i/b. Jay & Co. for respondent No.4. S.D.Rayrikar, AGP for respondent No.5. CORAM : V.C.DAGA AND A.A.SAYED, JJ. DATED : 10th September 2009. P.C. : Heard learned counsel for the parties. Perused petition. 2. This petition is pending in this Court since 9th April, 2009. The respondent No.1- Corporation has not taken any steps to implement their order. Learned counsel appearing for the Corporation tried to justify inaction on the part of the Corporation in view of the order dated 7th August, 2009 passed by the Second Joint Civil Judge, Bhiwandi reading as under: Both sides brought to my notice that Writ Petition No.3695/09 is pending before the 2 Hon ble High Court, Bombay regarding the same subject matter. Therefore it will not be proper to pass any effective order by this court. Hence both sides to maintain status quo till decision on above said writ petition. However, the defendant- Corporation is at liberty to act as per the direction of Hon ble High Court. 3. Reading of the above order conveys no meaning. At any rate it is clear that the Corporation is given liberty to act as per the directions of this Court. After having seen the order, we do not see any impediment in the way of this Court to direct implementation of the order passed by the Corporation. 4. The learned counsel for respondent No.4 is also heard. He admits that no permission was taken from the Corporation either by his clients or the owner of the building; on which tower structure is built. In the identical matter, respondent No.4 had filed writ petition before this Court to challenge action of the Corporation directing removal of the similar tower structure bearing W.P.No.7396/2008 (Vodafone Essar Ltd. v. The State of Maharashtra & ors.); wherein by a reasoned order dated 12th November, 2008 petition was dismissed and the action of the Corporation was upheld in the following words: .....Municipal Corporation is within its power to pass order and then to remove, alter or pull 3 down such building or work which has been construed illegally and without proper permission from the competent authority. 5. There is no material on record to show any challenge to the aforesaid order is set up at the instance of either of the parties to that petition; as such the said order is still holding the field. This order binds the respondent No.4 so far as necessity of obtaining prior permission to build structure is concerned. The Corporation is, therefore, free to proceed in accordance with law with expeditious despatch. 6. Petition is disposed of in terms of this order with no order as to costs. (A.A.SAYED, J.) (V.C.DAGA, J.)