sk 1 wp8872.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.8872 OF 2011 Indus Towers Limited & Ors. : Petitioners V/s. Mira Bhayandar Municipal Corporation & Ors. : Respondents .... Dr.Virendra Tulzapurkar, Senior Advocate, with Mr.Amit Jamsandekar for the petitioners. Mr.N.R.Bubna for respondent no.1. .... CORAM : S.A. BOBDE AND SMT.V.K.TAHILRAMANI,JJ. DATE : NOVEMBER 09, 2011. P.C.: Rule, returnable forthwith. Mr.Bubna waives service for the respondent no.1. Heard finally by consent of parties. 2. According to Dr.Tulzapurkar, the learned counsel for the petitioners, the respondent-Corporation has threatened demolition of the tower without considering the application made by the petitioners for sanction/regularization of the tower under the Maharashtra Regional and Town Planning Act, 1966, hereinafter referred to as the “Act”. It is further contended on behalf of the petitioners that in the circumstances, sk 2 wp8872.11 no notice for removal of an existing tower can be validly issued until the application under section 45 of the Act is considered and decided. 3. Mr.Bubna, the learned counsel for the respondent no.1- Corporation, states that the application made by the petitioners under section 45 will be considered and decided and till then, no action in pursuance of the notice for demolition will be taken and for a period of two weeks after the decision if the order is against the petitioners. In our view, this serves the interest of justice. Accordingly, the statement made on behalf of the Corporation is accepted and the respondents are directed to decide the applications/representations of the petitioners for sanction/regularisation of their towers before taking action in pursuance of the notices issued by them. Mr.Bubna further states that the respondents shall not take any action for disconnection of electricity before deciding the representations/applications of the petitioners. 4. Rule is made absolute in the above terms. (S.A. BOBDE, J.) (SMT.V.K.TAHILRAMANI,J.)