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[Cites 3, Cited by 2]

Gujarat High Court

Indus Towers Ltd Through Constituted ... vs Surat Municipal Corporation Thro ... on 2 April, 2014

Author: A.J.Desai

Bench: A.J.Desai

            C/SCA/2828/2013                                 ORDER




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               SPECIAL CIVIL APPLICATION NO. 2828 of 2013


                                    With
               SPECIAL CIVIL APPLICATION NO. 2918 of 2013
================================================================

INDUS TOWERS LTD THROUGH CONSTITUTED ATTONERY MANIK SINGH & 1....Petitioner(s) Versus SURAT MUNICIPAL CORPORATION THRO MUNICIPAL COMMISSIONER &

1....Respondent(s) ================================================================ Appearance in Spl.C.A. No. 2828 of 2013 MR HEMANG M SHAH, ADVOCATE for the Petitioners MR. RAKESH R PATEL AGP for the Respondent No. 2 MR DHAVAL G NANAVATI, ADVOCATE for the Respondent No. 1 Appearance in Spl.C.A. No. 2918 of 2013 MR HEMANG M SHAH, ADVOCATE for the Petitioners MR. RAKESH R PATEL AGP for the Respondent No. 2 MR C.J. VIN, ADVOCATE for the Respondent No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 02/04/2014 ORAL COMMON ORDER 1 By way of the present petitions, the petitioners have prayed as under:

Prayers in Spl. C.A.No. 2828 of 2013 26 (A) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction declaring the impugned order dated 5.2.2013 cancelling the permission granted to mobile tower, as illegal, contrary to the Page 1 of 5 C/SCA/2828/2013 ORDER principles of natural justice and thus violative of Articles 14, 19(1)(g) and 300A of the Constitution and law laid down by this Hon'ble Court and quashing and setting aside the same.

(B) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction declaring the highhanded coercive action on the part of the respondent Municipal Corporation in disconnecting power supply of the cellular mobile tower site as beyond the power and authority of the respondent Corporation and, thus, illegal and quashing and setting aside the same.

(C) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction the respondent Municipal Corporation to withdraw the impugned order dated 5.2.2013 cancelling permission either granted to the installation of mobile tower.

(D) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent Municipal Corporation to restore power supply of the site with immediate effect.

(E) Your Lordships may be pleased to pass cease and desist order to permanently restrain the respondent Municipal Corporation from causing any damage to the petitioners' mobile tower and from interfering with the regular functioning of the said mobile tower.

(F) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to restrain the respondent Corporation from taking any coercive highhanded action against the petitioners in respect of the subject mobile tower.

(G) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondent Corporation to restore power supply of the site immediately.

(H) Your Lordships may be pleased to grant any other and/or further relief as the nature and circumstances of the case may require in the interest of justice."

Page 2 of 5 C/SCA/2828/2013 ORDER

Prayers in Spl. C.A.No. 2918 of 2013 25 (A) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction declaring the impugned order dated 6.2.2013 cancelling the permission granted to mobile tower, as illegal, contrary to the principles of natural justice and thus violative of Articles 14, 19(1)(g) and 300A of the Constitution and law laid down by this Hon'ble Court and quashing and setting aside the same.

(B) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction directing the respondent Municipal Corporation to withdraw the impugned Order dated 3.11.2012 cancelling permission earlier granted to the installation of mobile tower.

(C) Your Lordships may be pleased to pass cease and desist order to permanently restrain the respondent Municipal Corporation from causing any damage to the petitioners' mobile tower and from interfering with the regular functioning of the said mobile tower.

(D) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to stay the operation, implementation of the impugned order dated 6.2.2013 cancelling the permission granted to the subject mobile tower.

(E) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct restrain the respondent Corporation from taking any coercive high handed action against the petitioners in respect of the subject mobile tower.

(F) Your Lordships may be pleased to grant any other and/or further relief as the nature and circumstances of the case may require in the interest of justice."

2 Pursuant to the notice issued by this Court, the respondents have appeared and filed their affidavit-in-reply. After hearing the learned Advocates appearing for the parties, the following order was passed by Page 3 of 5 C/SCA/2828/2013 ORDER this Court on 10.01.2014.

"Heard learned Advocates appearing for the respective parties. The petitioners shall approach the respondent No.1 - Surat Municipal Corporation with necessary documents as per Clause 20.11 of the General Development Control Regulations (GDCR) of SMC on 24.2.2014 and establish their case that they have complied with the GDCR of SMC. It will be open for the respondent No.1 Corporation to deal with the case in accordance with the GDCR. The status quo order passed by this court on 13.03.2013 is ordered to continue till the next date of hearing. S.O. 28.2.2014. Direct Service is permitted."

3 Mr. Hemang M. Shah, learned Advocate, appearing for the petitioner in both the petitions would submit that as per the Order dated 10.1.2014, the petitioners have approached the Surat Municipal Corporation and has submitted respective application along with necessary documents in support of their case. Mr. Dhaval G Nanavati and Mr. C.J. Vin, learned Advocates appearing for the Surat Municipal Corporation would submit that the case of the petitioners shall be considered as expeditiously as possible preferably within a period of six weeks from the date of receipt of the order in accordance with law.

4 Considering the above aspects, I am of the opinion that the following order would meet the ends of justice:

"The Surat Municipal Corporation shall decide the applications submitted by the petitioners along with documentary evidence in support of their case as expeditiously as possible preferably within a period of six weeks form the date of receipt of the order. Till the matters are decided by the Surat Municipal Corporation, no Page 4 of 5 C/SCA/2828/2013 ORDER coercive steps shall be taken against the petitioners. If the Corporation passes an order against the petitioners, the same shall not be executed for a period of four weeks from the date of passing of the order."

5 In view of the above directions, Mr. Hemang M. Shah, learned Advocate does not press both the petitions. Hence both the petitions stand disposed of accordingly. Notice in both the petitions stand discharged.

(A.J.DESAI, J.) pnnair Page 5 of 5