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2019 Supreme(Bom) 111

B.R.GAVAI, N.J.JAMADAR
Biju K. Balan – Appellant
Versus
State of Maharashtra, through Ministry of Urban Development, Mantralaya – Respondent


Advocates Appeared:
For the Petitioners:Ms. Sneha Phene along with Mr. Gireesh U.G. Menon, Advocate.
For the Respondents:Ms. P.H. Kantharia, Government Pleader along with Ms. Deepali Patankar, Hon. Asst. to Government Pleader, Mr. Sagar Patil, Advocate, Mr. Sanjay Sinha, Advocate, Mr. S.K. Nair along with Mr. Hafeezur Rahman, Advocate, Ms. G.R. Shastri, Addl. Government Pleader, Mr. L.T. Satelkar, Asst. Government Pleader, Dr. Milind Sathe, Senior Counsel along with Mr. Firdosh Pooniwalla, Mr. Ankit Lohia, Ms. Melanie Dsouza i/by M/s. A.S. Dayal & Associates, Advocate.

JUDGMENT :

N.J. JAMADAR, J.

1. In these Writ Petitions, the challenge is to the permissions granted by the Municipal Corporation of Greater Mumbai to the telecommunication companies for erection of the Telecommunication Cell Site (“TCS”) / Base Station (BS) and installation of Equipments for Telecommunication Network.

2. In Writ Petition Nos. 2060 of 2016, 2800 of 2015 and 1382 of 2016, the petitioners question the permission granted to respondent No.3-Reliance Jio-Infocom to erect the Telecommunication Cell Site (“TCS”) / Base Station (BS) and installation of Equipments for Telecommunication Network in a Recreational Ground. Whereas, in Writ Petition No. 2152 of 2014, the petitioner assails the grant of permission for setting up of Telecommunication Cell Site(s)/Base Station(s) and installation of equipments for Telecommunication Network (for short, referred as “TCS/BS”) on terrace of the building of Vikrant Co-operative Housing Society Limited-respondent No.3 therein, granted by the Municipal Corporation of Greater Mumbai, respondent No.2 to ATC Telecom Tower Corporation Priva














































































































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