Bombay High Court
Indus Towers Limited, Pune Through ... vs The Nagpur Municipal Coropration, ... on 28 January, 2020
Author: Amit B. Borkar
Bench: Ravi K. Deshpande, Amit B. Borkar
1 wp569.20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 569 OF 2020
Indus Towers Limited
Vs.
The Nagpur Municipal Corporation and others
------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Shri M. G. Bhangde, Senior Advocate a/w. Shri P. A. Abhyankar, Advocate
for petitioner.
Shri J. B. Kasat, Advocate for respondent nos. 1 and 2.
Smt. S. S. Jachak, A.G.P. for respondent no. 3.
Shri U. M. Aurangabadkar, A.S.G.I. for respondent no. 4.
CORAM :- R. K. DESHPANDE AND
AMIT B. BORKAR, JJ.
DATED :- 28.01.2020 Issue notice for final disposal of the matter to the respondents, returnable on 24.03.2020.
2. Shri J. B. Kasat, learned Advocate waives service of notice for respondent nos. 1 and 2, Smt. S. S. Jachak, learned A.G.P. waives service of notice for respondent no. 3 and Shri U. M. Aurangabadkar, learned A.S.G.I. waives service of notice for respondent no. 4.
3. Shri M.G. Bhangde, learned Senior Advocate appearing for the petitioner submits that challenge in this petition is for imposition of administrative charges of ₹ 30,000/- per mobile tower in respect of 341 mobile 30,000/- per mobile tower in respect of 341 mobile towers installed in the city of Nagpur. He invited our attention to the Resolution dated 29.01.2019 passed by the Nagpur Municipal Corporation (N.M.C.) for imposition of administrative charges of ₹ 30,000/- per mobile tower in respect of 341 mobile 30,000/- on the ::: Uploaded on - 28/01/2020 ::: Downloaded on - 30/01/2020 02:14:20 ::: 2 wp569.20.odt basis of Government Resolution dated 04.03.2014 which has been stayed by the Principal Seat at Bombay in Writ Petition No. 2047/2014 and other connected matters.
4. He further submitted that Resolution is also contrary to sub-rule (3) of Rule 9 of the Indian Telegraph Right of Way Rules, 2016 and Government Resolution dated 17.02.2018, more particularly clause (6) under the 'Telecom Tower Policy'.
5. Our attention is invited to para no. 19 of the petition and it is pointed out that instructions are issued to the Electricity Distribution Companies for disconnection of electricity supply for non-payment of administrative charges of ₹ 30,000/- per mobile tower in respect of 341 mobile 30,000/- per mobile tower. The learned Senior Advocate appearing for the petitioner has claimed that the Company has deposited an amount of ₹ 30,000/- per mobile tower in respect of 341 mobile 2,95,90,000/- with the Corporation which is more than payment @ ₹ 30,000/- per mobile tower in respect of 341 mobile 30,000/- per mobile tower.
6. There shall be ad-interim relief in terms of prayer clause '3(ii)'.
7. We clarify that interim relief granted by this Court is only in respect of non-payment of administrative charges in respect of Resolution dated 29.01.2019 of N.M.C..
JUDGE JUDGE
RR Jaiswal
::: Uploaded on - 28/01/2020 ::: Downloaded on - 30/01/2020 02:14:20 :::