1 WP2429/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2429 OF 2011 21st Century Infra Tele Ltd. ...Petitioners v/s Pune Municipal Corporation and ors. ...Respondents Dr Milind Sathe with Ms Ankita Singhania i/b M/s D.H. Law Associates for Petitioners. Mr A.P. Kulkarni for Respondent Nos.1 to 6. Mr V.S. Gokhale, AGP for Respondent No.7. CORAM : D.K.DESHMUKH AND R.G. KETKAR JJ. DATE : 27TH JULY 2011. 2 WP2429/11 P.C. :- 1] Petition is not on board for final hearing. However, it is heard finally by consent of the parties. 2] Admitted fact is that the petitioners have erected telecommunication towers within the jurisdiction of Pune Municipal Corporation. The petitioners claim that they had applied for permission of the Corporation for erection of the telecommunication towers. The applications were not decided within the period specified in law. Therefore, they are deemed to have permission to erect the towers. The Corporation is disputing that position. The petitioners filed writ petition No. 128 of 2010 and this Court by order dated 18th January 2010 directed the Corporation to consider the applications afresh. During consideration of those applications pursuant to the order of this Court dated 18th January 2010 in writ petition No. 128 of 2010, the question of submission of No 3 WP2429/11 Objection Certificate by the petitioners to the Corporation from the Tax Department arose, the Property Tax Department of the Corporation has demanded property tax in the amount of Rs. 1,27,61,633/- from the petitioners in relation to the telecommunication towers which are subject matter of this petition and Rs.96,64,461/- as penalty. The penalty is demanded under the provisions of section 267A of the Bombay Provincial Municipal Corporations Act 1949 on the assumption that the erection of these towers is unauthorised. The petitioners have admittedly paid an amount of Rs.48,00,000/- to the Pune Municipal Corporation towards payment of property tax. They have also deposited an amount of Rs.1,00,00,000/- in this Court. The question whether the petitioners have deemed permission from the Corporation for erection of towers or not is to be considered by the Corporation pursuant to the order of this Court dated 18th January 2010. In case, it is held that the petitioners have deemed permission from the Corporation for erection of towers, there will be no 4 WP2429/11 question of the Corporation levying any penalty because if there is a deemed permission, then the towers will be authorised and the provisions of section 267A of the Act will not be attracted. On the other hand, if it is held that there was no deemed permission for erection of towers, the provisions of section 267A would be attracted. In this situation, in our opinion, following order would meet the ends of justice. 3] The Registrar General of this Court shall permit the petitioners to withdraw the amount of Rs. 1,00,00,000/- which the petitioners have deposited in this Court with accruals if any. 4] Within a period of two weeks from today, the petitioners will deposit an amount of Rs. 1,27,61,633/- with the Corporation within a period of two weeks from today. While depositing that amount, the Corporation shall give credit to the petitioners for Rs.48,00,000/- which are already deposited by the petitioners. The petitioners shall 5 WP2429/11 also give bank guarantee in the amount of Rs. 96,00,000/- within a period of four weeks from today. On such deposit being made and the bank guarantee being given, the authority which is considering the applications of the petitioners pursuant to the order dated 18th January 2010 in writ petition No.128 of 2010 shall proceed on the assumption that no objection as contemplated by the minutes of order dated 7th July 2010 has been granted by the Property Tax Department. The authority while considering the applications pursuant to the aforesaid order shall specifically decide the question whether the petitioners have erected the towers after submitting the applications and after getting deemed permission of the Corporation. The authority while making the order shall make appropriate order about the amount of penalty and the bank guarantee which the petitioners are furnishing pursuant to this order. 5] The Additional City Engineer who, we are informed, is considering the matter pursuant to the 6 WP2429/11 order dated 18th January 2010 shall make his final order as per the order dated 18th January 2010 and this order, as expeditiously as possible and in any case within a period of eight weeks from the date on which the deposit is made and bank guarantee is given pursuant to this order. Till the City Engineer decides the matter the Corporation shall not adopt any coercive measures, either in relation to the towers or in relation to the recovery of any property tax from the petitioners. Rule is made absolute accordingly with no order as to costs. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE R.G. KETKAR )