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2021 Supreme(Bom) 1762

A.S.CHANDURKAR, G.A.SANAP
Atc Telecom Infrastructure Pvt. Ltd. – Appellant
Versus
Bokhara Gram Panchayat – Respondent


Advocates appeared:
S.V.Butada, Advocate, Yash J. Maheshwari, Advocate, S.S.Chauhan, Advocate

JUDGMENT

a.S.Chandurkar, J. - On 29.11.2021 notice for final disposal of the writ petition was issued making it returnable on 14.12.2021. Despite service there was no appearance on behalf of the respondent no.1. Hence the matter was kept today. Today, also there is no appearance on behalf of the respondent no.1.

2. We have heard the learned counsel for the petitioner and the learned counsel for the respondent no.2 by issuing Rule and making the same returnable forthwith.

3. The petitioner is a Telecom Company who had sought permission from the respondent no.1 for erection of mobile tower alongwith necessary equipment within the jurisdiction of Gram Panchayat, Bokhara. On 22.03.2021 the Gram Panchayat issued a no-objection to the petitioner for erection of mobile tower. Pursuant thereto the petitioner claimed to have taken necessary steps in that regard and has commenced the work of erection of the mobile tower. On 10.11.2021 however the petitioner was directed to stop the work of installation/operation of the mobile tower on the ground that complaints were received from the local residents. This action is challenged in the present writ petition principally on the ground that having in

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