1. Mr.Amit M. Panchal, learned advocate for the petitioner prays for permission to annex the complete document at Annexure-G, as the document annexed at Annexure-G is incomplete. Further, it is prayed that the petitioner may be permitted to annex judgment dated 07.03.2012 in Letters Patent Appeal No.1785/2011 and connected matters, as an annexure. Permission to do so, is granted.
2. Heard Mr.Amit M. Panchal, learned advocate for the petitioner. It is submitted that the petitioner has complied with the requirement of GDCR Regulation No.21.11, inasmuch as permission from the Standing Advisory Committee on Radio Frequency Allocation (SACFA), Structural Stability Certificate, layout plan regarding Base Trans Receiver Station Installation (BTS-Tower-Antennae) and requisite fees for permission for BTS-Tower-Antennae, have already been obtained/paid. The petitioner is also paying property tax for the mobile tower since 2001. That the layout plan for foundation, drawings, Stability Certificate etc. have been forwarded to the office of the respondent
- Municipal Corporation on 18.06.2001. However, the NOC has not been granted to the petitioner - Company, till date. Instead, a notice dated 13.02.2012 has been issued to the petitioner, threatening that the mobile tower shall be sealed within seven days, in exercise of power under Section-268 of the Gujarat Provincial Municipal Corporations Act, 1949.
3. Issue Notice returnable on 24.04.2012.
Status quo, as it exists today, qua the mobile tower of the petitioner, shall be maintained till then.
In addition to the normal mode of service, Direct Service is also permitted.
(Smt.
Abhilasha Kumari, J.) ~gaurav~ Top