The circular relied on a previous high court order passed in 2014, which had restrained local authorities from taking any coercive steps and act on the show cause notices issued to the mobile tower operators
The Bombay High Court has sought a clarification from the state government on why it issued a communication to all municipal corporations and municipal council's, directing them to not take any coercive action against mobile towers in their jurisdiction.
A division bench of Justice Abhay Oka and Justice PN Deshmukh had made an exception to a notice issued by the Urban Development Department in March last year. The circular relied on a previous high court order passed in 2014, which had restrained local authorities from taking any coercive steps and act on the show cause notices issued to the mobile tower operators.
This, however, wasn't meant to be translated into a blanket ban.
Advocate RA Salunke, appearing for the government, said: "The court has asked us (state) to file an affidavit by the next month explaining whether such a blanket ban from taking action can be issued."
The bench gave the direction while hearing a petition filed by ATC telecom infrastructure private limited, a company which provides infrastructure for setting up mobile towers. The company had moved the court challenging the notice issued by the Panvel Municipal Corporation, seeking them to be removed under section 53 (1) of the MRTP Act.
The petition claims that the corporation notices is in contravention of the orders passed by the high court and thus liable to be quashed and set aside. Further, it says the corporation has erroneously exercised the statutory powers.
The entire conduct of the corporation in issuing the notice is ex-facie illegal, arbitrary and completely in contravention of the earlier orders passed by the high court. It has prayed for direction to the corporation to not take any action of demolition of mobile towers or disconnection of electricity supply.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Mobile Towers")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}