1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.95 OF 2010 Indus Towers Ltd. And Ors. .... Petitioners V/s. State of Maharashtra and Ors. ..... Respondents Mr.I.M.Chagla, Sr.Advocate with Mr.Fe.Divitre, Sr.Advocate, along with Mr.Sunip Sen, Smt.Yugahdra Khanwilkar, Mrs.Srivastava, Mr.Sachin Pandey i/by D.H.Law Associates, for the petitioners. Smt.S.S.Bhende, AGP, for respondent No.1. Smt.Deepti B. Mistry a/w Mr.V.J.Mehta i/by M/s.Vaibhav Mehta & Associates, for respondent No.2. Mr.A.P.Kulkarni, for respondent No.3. Mr.A.M.Savagave i/by Mr.S.S.Patwardhan, for respondent Nos.6 and 9. Mr.Vijay Patil with Mr.Vinod Jadhav, for respondent No.7. Mr.Manish Pabale i/by Mr.A.S.Rao, for respondent No.8. Mr.M.L.Patil, for respondent No.10. CORAM :P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE : 07th June, 2010 P.C. 1. By way of this petition, the petitioners have prayed for various directions in connection with the erection of mobile towers by the petitioners. The Government of India has framed telecom policy by which private operators have been permitted to provide basic cellular telecommunication services in the country. The grievance of the 2 petitioners is that various Municipal Councils and Municipal Corporations are arbitrarily disconnecting electric supply to the mobile towers and cabins and that too without giving opportunity to the petitioners to show cause as to why electricity should not be disconnected. It is the grievance of the petitioners that the State Government should direct the Municipal Councils and Municipal Corporations to formulate a uniform policy as regards the erection of mobile towers and to act as per such defined policy, so that petitioners and such other persons can know well in advance as to by which policy they are required to act. It is the grievance of the petitioners that Municipal Councils and Municipal Corporations, in a given case, suddenly act in disconnecting electric supply, which puts the petitioners into great difficulties in so far as providing mobile services is concerned. It is the contention of the petitioners that uniform policy should therefore, be framed and while formulating such policy, the petitioner’s views should also be taken into consideration. 2. So far as disconnection of electric supply is concerned, it is not in dispute that at present, no such order is passed by any Municipal Councils or Municipal Corporations. Though, it is pointed that in the past, such action was taken and it was challenged before this Court and this Court has given appropriate directions while disposing of the writ petitions. 3 3. It seems that the present petition has been filed on the apprehension that the Municipal Corporations may act again with the disconnection of electric supply without giving opportunity to the petitioners. Learned counsel appearing for various Municipal Corporations except Solapur Municipal Corporation, state that before taking any such action of disconnection or any other coercive action against any of the petitioners, appropriate advance intimation will be given informing the petitioners and concerned service providers as to why such action is being taken. Advance notice therefore, to be given to the service providers as well as to the concerned architects, and if any action is required to be taken pursuant to the said notice, such action may be taken against concerned party in accordance with law and more specifically in the light of the order passed in Writ Petition No.10015 of 2009. However, if any adverse order is passed against such service providers, the same may not be implemented for a period of three weeks of communication of such order. If the petitioners or any party is aggrieved by any adverse order passed by any Municipal Council or Municipal Corporation, it will be open to it or them to take recourse to appropriate remedy for redressal of their grievance. 4. As regards formulating a uniform policy, it is for the State Government to consider as to whether any uniform policy is required to be 4 framed in this behalf by the concerned Municipal Councils or Municipal Corporation, which may also include a standard form of application for permission to erect mobile towers. Prima facie, we find substance in the submissions of Mr.Chagla that the parties concerned ought to know in advance the nature of the policy applicable governing erection of mobile towers and whether any norms are prescribed in this behalf, so that the concerned service provider may fulfill any such norms/requirements and it is desirable that there should be a uniform policy adopted by all Municipal Councils, Corporations and other local authorities. However, we leave this question to the wisdom of the State Government, as the State Government has wide amplitude of powers under the State Enactments to direct the Municipal Councils and Corporations and local authorities to formulate a uniform policy governing the erection of mobile towers. 5. So far as the apprehension on the part of the petitioners is concerned, in view of the stand taken by the learned counsel appearing for various Municipal corporations, the said apprehension in our view, would no longer survive in the light of the fact that the concerned Corporations are going to pass appropriate orders after taking into consideration the say of the concerned service provider and in accordance with law. It is clarified that if any application is pending with any Municipal Corporation, it shall be dealt with in accordance with the existing policy and having due 5 regard to the order passed in Writ Petition No.10015 of 2009. 6. In the light of the aforesaid, nothing survives for consideration in the above petition, which is accordingly disposed of. ( R.M.SAVANT, J. ) ( P.B.MAJMUDAR, J. )