:1: :1: :1: srp. HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8320 OF 2007. WRIT PETITION NO. 8320 OF 2007. WRIT PETITION NO. 8320 OF 2007. Bharti Airtel Ltd & Anr. ..Petitioners. V E R S U S The State of Maharashtra & Others. ..Respondents. --- Mr. Kevic Setalwad i/b M/s. D. H. Law & Associates for the petitioner. Mr.Vinay Sonpal, A.G.P. for the Respondent Nos. 3 & 4. Mr. Vishal C. Ghosalkar for respondent nos.1 & 2. CORAM: S.B.MHASE & A.A.KUMBHAKONI, JJ. CORAM: S.B.MHASE & A.A.KUMBHAKONI, JJ. CORAM: S.B.MHASE & A.A.KUMBHAKONI, JJ. DATE : April 22, 2008. DATE : April 22, 2008. DATE : April 22, 2008. P.C. P.C. P.C. 1. Heard. Learned counsel for the petitioner on instructions states that the petitioner will apply to the Respondent - Municipal Council under section 53(3) of the MRTP Act for getting appropriate permission for the retention of the tower in issue. He states that such an application will be made within a week from today. He further requests that the Municipal Council be directed to decide the said application of the petitioner within a period of four weeks. He further makes a statement that for a continuous period of five weeks from today the tower in question will not be operated by the petitioner - :2: :2: :2: Company and that the petitioner - Company will operate the said tower only if the permission under section 53(3) of the MRTP Act is granted by Municipal Council. 2. The learned counsel for the respondent - Municipal Council has no objection for accepting the aforesaid statements made on behalf of the petitioner. Therefore, all the aforesaid statements of the learned counsel for the petitioner made on behalf of the petitioner are accepted. The petition is accordingly disposed off with the following directions. (a) The petitioner shall apply within a week from today under section 53(3) of the MRTP Act, in accordance with law, and in compliance with all formalities required for getting such permission for the retention of the tower in issue. (b) If such an application is made, the Municipal Council shall scrutinise the said application. In case if any deficiencies are found therein, those deficiencies shall be informed by the Municipal Council to the petitioner within a period of one week. In order to know as to whether any deficiencies :3: :3: :3: are there or not the officers of the petitioner - Company shall attend the Office of the Municipal Council without expecting any postal correspondence in this regard from the Municipal Council. (c) Within the period of one week thereafter the deficiencies as may be pointed out by the Municipal Council, shall be cured by the petitioner. (d) Thereafter within a period of two weeks the Municipal Council shall hear and pass an appropriate reasoned order under section 53(3) of the MRTP Act on its own merits. (e) In accordance with the statement made by the learned counsel for the petitioner, petitioner will not operate the said tower for a period of five weeks from today. After completion of the aforesaid period of five weeks, the petitioner - company may operate the tower only if the Municipal Council grants such permission to retain the tower in issue under section 53(3) of the MRTP Act. It is made clear that if the :4: :4: :4: application of the petitioner under section 53(3) is rejected the petitioners shall not operate the said tower and that the Municipal Council will be entitled to demolish the tower in issue. (f) If the petitioner fails to make an application within a week from today as set out hereinabove, the Municipal Council shall be at liberty to demolish the tower in issue immediately. (g) Save and except the directions given above, the interim relief which is granted by an order dated 19th November 2007 in this petition shall continue to operate for a further period of five weeks from today. 3. The petition stands finally disposed of accordingly. (A.A.KUMBHAKONI, J.) (S.B.MHASE, J.) (A.A.KUMBHAKONI, J.) (S.B.MHASE, J.) (A.A.KUMBHAKONI, J.) (S.B.MHASE, J.) :2008/aak/..