Bombay High Court

PUNE MUNICIPAL CORPORATION AND ORS.versusVIOM INFRA NETWORK MAHARASHTRA LTD. AND ANR.

Decided: 18 August 2026
Disposal: Disposed Off

Holding

The Court dismissed the interim applications and ordered that the stays remain in force pending the final hearing of the writ petitions.

Summary

The High Court considered a batch of interim applications filed by the Pune Municipal Corporation (PMC) and other petitioners seeking the vacation of stays that had been granted in several writ petitions challenging the levy of property tax on telecom sites. The applications were filed under various writ numbers dating back to 2009‑2017. The Court, by consensus, decided to dispose of the interim applications without entertaining the merits, directing that the stays remain in effect until the substantive writ petitions are finally heard. It ordered that the interim applications seeking vacation of the stays be dismissed and scheduled the final hearing of all the writ petitions for 29‑08‑2026. The Court also directed that any amendment applications be treated as part of the pleadings and that senior counsel for the corporation be allowed to make further submissions on subsequent developments.

Issues considered

Whether the interim stay orders granted in the writ petitions should be vacated
Whether the interim applications seeking vacation of the stays can be disposed of pending final hearing of the writ petitions

Subjects

property tax
telecommunication sites
interim application
stay order
writ petition
municipal corporation
procedural law

Judgment

Digitally
signed by
RUSHIKESH
RUSHIKESH VISHNU
VISHNU PATIL
PATIL Date:
2026.08.18
18:58:17
1/4 8 IA.2068.2021.odt
+0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 2068 OF 2021
IN
WRIT PETITION NO. 2561 OF 2015

Pune Municipal Corporation & Ors. .. Applicants
Versus
Viom Infra Network Maharashtra
Ltd. & Anr. .. Respondents
WITH
INTERIM APPLICATION NO.2050 OF 2021
IN
WRIT PETITION NO. 417 OF 2017

Pune Municipal Corporation & Ors. .. Applicants
Versus
Ascend Telecom Infrastructure
Private Limited .. Respondent
WITH
INTERIM APPLICATION NO.2057 OF 2021
IN
WRIT PETITION NO. 7327 OF 2009

Pune Municipal Corporation & Anr. .. Applicants
Versus
Idea Cellular Limited & Ors. .. Respondents

WITH
INTERIM APPLICATION NO.2052 OF 2021
IN
WRIT PETITION NO. 2698 OF 2017

Rushikesh
2/4 8 IA.2068.2021.odt

Pune Municipal Corporation & Ors. .. Applicants
Versus
Tata Teleservices (Maharashtra)
Limited & Anr. .. Respondents

WITH
INTERIM APPLICATION NO.2070 OF 2021
IN
WRIT PETITION NO. 557 OF 2015

Pune Municipal Corporation & Anr. .. Applicants
Versus
Idea Cellular Limited & Anr. .. Respondents

WITH
INTERIM APPLICATION NO.2054 OF 2021
IN
WRIT PETITION NO.2515 OF 2017

Pune Municipal Corporation & Ors. .. Applicants
Versus
Tower Vision India Private Limited
& Anr. .. Respondents

WITH
INTERIM APPLICATION NO.2053 OF 2021
IN
WRIT PETITION NO.1520 OF 2017

Pune Municipal Corporation & Ors. .. Applicants
Versus
Reliance Infratel Ltd. & Ors. .. Respondents
…

Rushikesh
3/4 8 IA.2068.2021.odt

Mr. Girish Godbole, Senior Advocate a/w Mr. Sugandh
Deshmukh, Mr. Aniket Kanawade, for the Petitioner in
WP/11190/2018 & WP/8929/2018.

Mr. Himanshu Vidhani, Mr. Niket Dalal and Mr. Rushab Chopra
and Ms Shravani Musande, i/by Mr. Himanshu Vidhani, for the
Petitioner(s) in WP/2561/2015, WP/7327/2009, WP/557/2015
and for the Respondent in IA/2068/2021, IA/2057/2021 and
IA/2054 /2021.

Mr. Rubin Vakil a/w Mr. Gaurav Thakur and Ms Aditi Kambli
i/by A. S. Dayal & Associates, for the Applicant/Petitioners.

Mr A. A. Kumbhakoni, Senior Advocate a/w Mr. Abhijit
Kulkarni, Mr. Vishwanath Patil, Mr. Akshay Naidu and Kedar
Nhavkar, for the Respondent-PMC in WP/2515/2017,
WP/417/2017, WP/557/2015 & WP/7327/2009
(WP/1932/2015 Not on Board) and for the Applicant in
IA/2050/2021, IA/2052/2021, IA/2053/2021, IA/2068/2021,
IA/2070/2021, IA/2054/2021, and IA/2054/2021,
(IA/2051/2021 & IA/2055/2021 Not on Board).

Mr. P. P. Kakade, Addl.G.P. a/w Mr. Karan S. Thorat, ‘B’ Panel
Counsel, Mrs. M. P. Thakur, AGP and Mrs. G. R. Raghuwanshi,
AGP, for the Respondent-State.

...

CORAM: BHARATI DANGRE &
ASHISH S. CHAVAN, JJ.

DATED : 18th AUGUST, 2026

P.C:-

1. The group of Writ Petitions calls into question the levy of
property taxes on the telecommunication sites of the
Petitioners. The Writ Petitions are pending since 2015, and the
Interim Applications are taken out for vacating the interim
order. By consensus, we deem it appropriate to dispose of the

Rushikesh
4/4 8 IA.2068.2021.odt

Interim Applications seeking vacation of stay, with an
understanding that the Writ Petitions themselves shall be
finally worked out. Hence, the Interim Applications seeking
vacation of stay are disposed of.

List the Writ Petitions on 29.08.2026 for final hearing.

Since we are informed that, apart from Mr. Godbole, the
learned Senior Counsel representing one of the Petitioners,
other Senior Counsels are also representing the other
Petitioners, we direct the notice be published in the cause-list
tomorrow, indicating that all these matters are fixed on
29.08.2026 for final hearing.

The learned counsel, Mr. Godbole, state that he has taken
out an Application for amendment, and we direct the
Application to be considered as a part of the pleadings in the
Petition, and we direct Mr. Kumbhakoni, learned Senior
Counsel representing the Corporation, to advance his
submissions even on subsequent developments which are
sought to be incorporated through the Interim Application,
and merely because they are not part of the pleadings in the
Writ Petition shall be no ground for not taking them into
consideration.

(ASHISH S. CHAVAN J.) (BHARATI DANGRE, J.)

Rushikesh

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