Bombay High Court
Tower And Infrastructure Providers ... vs The State Of Maharashtra Through ... on 9 October, 2019
Bench: S. V. Gangapurwala, Anil S. Kilor
1 5-WP-12189-2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.12189 OF 2019
TOWER AND INFRASTRUCTURE
PROVIDERS ASSOCIATION ...PETITIONER
VERSUS
THE STATE OF MAHARASHTRA THROUGH
PRINCIPAL SECRETARY AND OTHERS ...RESPONDENTS
Mr. S.G. Aaney, Senior Counsel i/by
Mr. S.S. Deshmukh, Advocate for Petitioner
Mr. S.B. Pulkundwar, AGP for Respondents-State
Mr. R.K. Ingole, Advocate for Respondent No. 9
CORAM : S. V. GANGAPURWALA AND
ANIL S. KILOR, JJ.
DATE : 9th OCTOBER, 2019
ORAL ORDER:
1. Mr. Aaney, the learned Senior Counsel for the petitioner seeks leave to amend memo of writ petition. Leave granted.
2. The learned Senior Counsel further submits that the respondent Nos. 10 and 11 be allowed to be transposed as petitioners. The same is allowed on condition that the Advocate on record shall file Vakil Patra for those persons. ::: Uploaded on - 11/10/2019 ::: Downloaded on - 11/10/2019 23:01:23 :::
2 5-WP-12189-2019
3. The petitioners challenge the amended section 267A of the Maharashtra Municipal Corporation Act, 1949.
4. In view of that, issue notice to the respondents, returnable on 18.12.2019.
5. The learned Assistant Government Pleader waives notice for respondent No.1.
6. Mr. Ingole, the learned Counsel accepts notice for respondent No. 9.
7. Issue notice to the learned Advocate General of the State of Maharashtra, returnable on 18.12.2019.
8. Mr. Aaney, the learned Senior Counsel seeks interim protection. According to him, the petitioners would pay the amount of tax as would be levied by the respective Municipal Corporations. The dispute is qua the penalty to be imposed by the Municipal Corporation under section 267A of the Act, 1949 on the grounds set out in the memo of petition.
9. The learned Senior Counsel refers to the various orders passed by this Court at Bombay and Aurangabad.
10. In light of the above, till the next date, the respondents shall not engage in demolition/sealing of towers or resorting to any such action against the petitioner only on the ground that the amount of ::: Uploaded on - 11/10/2019 ::: Downloaded on - 11/10/2019 23:01:23 ::: 3 5-WP-12189-2019 penalty as charged by them is not paid by the petitioners. However, the petitioners are liable to pay the tax as per assessment made by the Municipal Corporations.
[ ANIL S.KILOR ] [ S.V.GANGAPURWALA ]
JUDGE JUDGE
mta
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