INDUS TOWERS LIMITEDversusNAVI MUMBAI MUNICIPAL CORPORATION AND ORS.

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        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION
                 WRIT PETITION NO. 2110 of 2016


Indus Towers Limited                            ..   Petitioner
                  Versus
Navi Mumbai Municipal Corporation               ..   Respondents
and ors

                                    …

Mr.Rahul Sharda with Ms.Jahnvi Pandey i/b D.H. Law Associate
for the petitioner.
Mr.Tejesh Dande with Bharat Gadhavi for respondent nos.1 to 4
Smt. M.P. Thakur, AGP for the State.

                   CORAM : BHARATI DANGRE &
                            MANJUSHA DESHPANDE, JJ
                   DATED : 17th JUNE, 2026.


P.C:-

1.      Indus Towers Limited, a Company incorporated under the
Companies Act, and involved in the business of establishment,
maintenance       and      provisions      of        telecommunications,
infrastructure and assets including mobile towers for the
purpose of granting the same on lease/rent basis to various
telecom service providers, since, it had obtained registration as
infrastructure     provider         from    the        Department          of
Telecommunication, Government of India.



Tilak
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        In the wake of the policy of the Government of India, to
allow    private    operators     to   provide    basic      and      cellular
telecommunication       and      paging    services,      the      State   of
Maharashtra issued directions permitting construction of
telecommunication base stations comprising of number of
antennas and electronic equipment in a semi permanent
structure to be constructed on rooftops.
2.      In the year 1999, Government of India issued its new
Telecom Policy and issued notifications by invoking the power
available to it under the Indian Telegraph Act, 1885 permitting
the private cellular telephone service operators to place and
maintain telephone lines and posts under, along or upon
property subject to the consent of the owner and on paying
compensation for the damage sustained.
3.      The petitioner Company which was formed in the year
2008, filed an application with Navi Mumbai Municipal
Corporation,       seeking    permission     to     set       up      cellular
communication sites and since the permission was granted, the
petitioner continued with its activity. The petitioner however,
received a notice from respondent no.1, pursuant to certain
complaints being made from the local residents, regarding the
site and a hearing was scheduled.
        The petitioner responded to the notice and also attended
the hearing, categorically staking its stand that the requisite
documents are already in place and have been forwarded to the
Corporation, but no response is received.


Tilak
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        The   petitioner    agitated its grievance by         filing   a
representation before the Addl. Commissioner, Navi Mumbai
Municipal Corporation and while the Appeal was pending, a
notice u/s. 54 of the Maharashtra Regional Town Planning Act,
was received by the petitioner on the premise that the
petitioner has not made any application to the Town Planning
Department in respect of the site and it purported to declare the
site as illegal and directed the petitioner to remove it within a
period of 24 hours.
4.      In fact, the respondent no.3 i.e. the Ward Officer even
attempted to remove some of the equipments at the cellular site
of the petitioner which constrained the petitioner to approach
this Court and a protection was granted in its favour by order
dated 17/2/2016, by holding that the action of dismantling of
the mobile tower is in breach of the order of 21/8/2014 passed
in Writ Petition No. 6555/2014.
        By way of ad-interim relief, the petitioner was permitted
to restore the cellular site at Ashwini building as on 12/2/2016.
        The petition is pending since then.
5.      The learned counsel for the petitioner would invite our
attention to the change in the regime upon the enactment of
the Telecommunication Act, 2023, a special statute enacted for
consolidating the laws relating to the development, expansion
and      operation     of    telecommunication       services        and
telecommunication networks, assignment of spectrum etc.




Tilak
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        The special statute intended to cover telecommunication
services has defined various terms including telecommunication
equipments, telecommunication identifier, telecommunication
network etc. It contemplate the authorisation from the Central
Government in order to provide telecommunication services or
even to establish, operate, maintain or extend the existing
telecommunication network.
        The Special Statute also contain a specific provision for
installation of the telecommunication network on public
property and has specifically provided for the permission to be
sought from an Officer authorized by Central Government to
take any coercive action including a forcible shutdown is taken
against a telecommunication network established by an
authorized identity.
        Not only this, the statute has also provided a special
dispute resolution Mechanism in Section 18.
6.      With the new regime in operation, we are informed that
the petitioner has secured the necessary approvals from the
competent authority and its structure still continue to stand on
the subject site. With the passage of time, the ground on which
the action was sought to be taken against the petitioner no
longer survive and moreover, now since the new regime is in
operation whatever action is contemplated, it shall be governed
by the provisions of the Telecommunications Act, 2023.




Tilak
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        In the wake of the above, by continuing the interim order
and permitting the structure of the petitioner standing on the
site covered in the petition, we dispose of the Writ Petition.
        Needless to state that the petitioner as well as the
respondent authorities shall be bound by the provisions of the
Telecommunication Act, 2023 in the future dealings.




(MANJUSHA DESHPANDE, J)                 (BHARATI DANGRE, J.)




Tilak