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2007 Supreme(Bom) 325

R.M.S.KHANDEPARKAR, V.M.KANADE
Bharti Tele-Ventures Limited – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT

R.M.S.Khandeparkar, J.

1. Heard the learned Advocates at length. Perused the records.

2. By the present petition, the petitioners seek to challenge the Notification dated 4-7-2005 issued by the respondent No.1 under Section 154 of the Maharashtra Regional and Town Planning Act, 1966, hereinafter called as "the MRTP Act" by which the respondent No.1 has sought to amend its earlier order dated 9-10-1996 and thereby has authorised and/or required various Municipal Corporations in the State to charge retrospectively from 9-10-1996, the premium at the rate of the land value as per the ready reckoner for the area occupied by the cabin, the tower height premium at the rate of Rs.10,000/- per running metre and a deposit of Rs.50,000/- for granting permission under Section 45 of the MRTP Act to the petitioners and the other cellular operators for installing semi-permanent structures/cabins on the top of the building for housing Base Station/Telephone Connector to set-up a cellular mobile tele-communication system, in view of licence granted under Section of the Indian Telegraph Act, 1885, hereinafter called as "the Telegraph Act" and the demand notices in that respect being Exhibits











































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