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2021 Supreme(Bom) 1640

S.J.KATHAWALLA, MILIND N.JADHAV
ATC Telecom Infrastructure Pvt. Ltd. , Mumbai – Appellant
Versus
Group Grampanchayat, Tupgaon – Respondent


Advocates Appeared:
For the Petitioner: Sarosh Bharucha, D. S. Patil
For the Respondents: Nitin Mulye, R. S. Pawar

JUDGMENT :

1. Rule. Respondents waive service. By consent of parties, Rule is made returnable forthwith.

2. The Petitioner is engaged in the business of providing passive telecom infrastructure and related services to various telecom service providers in India for transmission of mobile and internet signals. The Petitioner is registered with the Department of Telecommunications, Ministry of Communication & IT, Government of India as an Infrastructure Provider, Category-1 (IP-1).

3. The Respondent No.1 is the Group Grampanchayat of Tupgaon, Taluka Khalapur, District Raigad constituted under the provisions of the Maharashtra Village Panchayat Act, 1959 ("the MVP Act"). The Respondent Nos.2 and 3 are the Gramsevak and Administrator of the Respondent No.1 respectively. Respondent No.4 is the Tehsildar, Khalapur. Respondent No.5 is the Collector, Raigad District. Respondent No.6 is the State of Maharashtra through the Rural Development Department. Respondent No.7 is the owner of the land on which the Petitioner has sought to set up its mobile tower.

4. The Petitioner has, by way of the present Petition, challenged a Notice dated 31st May 2021 (Exhibit K to the Petition) ("the Impugned Noti

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