1 WP-3713-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3713 OF 2011 Gajanan Pednekar ..Petitioner Vs Commissioner, Mumbai Municipal Corporation and ors. ..Respondents -- Mr.Ravindra Lokhande, for petitioner. Mr.M.M.Malvankar, for respondent nos.1 and 2. Ms.Ankita Singhania with Mr.Rehman i/b.M/s.D.H.Law Associates, for respondent no.5. Mr.S.D.Rayrikar, AGP for respondent nos.6 to 8. -- CORAM : D.K.DESHMUKH & R.G.KETKAR, JJ. DATE : 4 th JULY, 2011 P.C: The grievance of the petitioner is that the tower of the respondent no.5 erected on the building owned by the respondent no. 3 - Shree Suryodaya Apt. CHS Ltd. has been illegally erected. The stand of the respondent no.5 - Loop Mobile (India) Limited is that the said tower is now owned by ATC Telecom Tower Corporation Pvt. Ltd. 2 WP-3713-11.odt and that they had applied for permission to the Corporation to erect the tower and because the Corporation did not reject their application within 60 days, the Corporation is deemed to have granted them permission. In the circumstances, in our opinion, following order would meet the ends of justice:- (i) The petitioner, if so advised, may make an application to the Corporation about aforesaid mobile tower within a period of two weeks from today and the petitioner shall serve copy of that application before submitting it to the Corporation, to ATC Telecom Tower Corporation Pvt. Ltd. (ii) That application shall be decided by the Executive Engineer (Building Proposals), W.S., R-Ward, Municipal Corporation, Mumbai, after granting opportunity of being heard to the petitioner, the concerned Co-operative Housing Society and the owner of the tower i.e.ATC Telecom Tower Corporation Pvt. Ltd. The Executive Engineer shall make his order as expeditiously as possible and in any case, within a period of eight weeks from the date of receiving the application from the petitioner. 3 WP-3713-11.odt (iii) Petition stands disposed of. All contentions of both the sides are kept open. [R.G.KETKAR, J.] [D.K.DESHMUKH, J.]