1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.1098 OF 2011 (Reliance Communications Limited vs. The Chandrapur Municipal Council and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : MARCH 3, 2011 Heard Shri Abhyankar, learned Counsel for the petitioner, Shri Dhatrak, learned Counsel for the respondent no.1, and Mrs. Deshpande, learned Assistant Government Pleader for the respondent no.2. Shri Abhyankar, learned Counsel for the petitioner, states that the issue involved in the present petition is identical to one involved in Writ Petition Nos.10156/2009, 2376/2010 and 1062/2011 and, therefore, present petition may be disposed of in terms of order dated 3/3/2001 passed by this Court in 2 Writ Petition No.1062/2011. Shri Abhyankar, learned Counsel for the petitioner, states that the petitioner Company has 15 mobile towers located at different parts of Chandrapur city and out of which, four towers located at Tukum, Indira Nagar, Jatpura Gate and Bagali Camp have been sealed without following principles of natural justice. It is submitted that the petitioner shall make applications under Section 44 of the Maharashtra Regional and Town Planning Act, 1966 (for short, “the MRTP Act”) for regularisation within a period of one week to the respondent Municipal Council and the respondent Municipal Council may be directed to consider the applications in accordance with law within a stipulated period. It is further submitted that the respondent Municipal Council may be directed to deseal the mobile towers located at Tukum, Indira Nagar, Jatpura Gate and Bagali Camp within 48 hours and petitioner may be permitted to make the same functional. Shri Dhatrak, learned Counsel for the respondent no.1, does not dispute the factual aspect 3 of the matter including the fact that issue involved in the present petition is covered by the order dated 3/12/2009 passed by the Division Bench of Bombay High Court at Bombay in Writ Petition No.10156/2009, order dated 18/1/2011 passed by this Court in Writ Petition No.2376/2010 as well as order dated 3/3/2011 passed by this Court in Writ Petition No.1062/2011. It is submitted that respondent no.1 is ready and willing to consider applications of the petitioner under Section 44 of the MRTP in accordance with law and procedure applicable in this regard within four weeks from the date of receipt of applications. Having considered the contentions canvassed by the learned Counsel for the parties and since issue is covered by the earlier orders passed by this Court, we dispose of the petition with permission to the petitioner to submit applications under Section 44 of the MRTP Act to the respondent Municipal Council within one week from today. The respondent Municipal Council shall deseal the mobile towers in question of the petitioner within 48 hours. The respondent Municipal Council is also 4 directed to decide the applications of the petitioner in accordance with law and procedure applicable in this regard within four weeks from the date of receipt of such applications. The parties are directed to maintain status quo till then. If order of respondent Municipal Council is adverse to the petitioner, the order of status quo shall be in operation for a period of two weeks from the date of such order. With these observations and directions, the petition is disposed of. JUDGE JUDGE khj