DISTRICT THANE IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. OF 2023 Atlanta limited ... Petitioner Versus State of Maharashtra &Ors. .. Respondents INDEX SR. | PARTICULAR PAGE NO. NO. eee Beet 1 | SYNOPSIS TI l2 | WRIT PETITION 31 3 |Copy of the impugned decision i dated 24" August, 2021 received by « AY 32-33 the petitioner on 13" September, 2021 4 | Copy of the order dated 3% March, i 3. pass ear dent ape 2023 passed by the 3" respondent yp ace | copy of which is not served upon the petitioner i 5 | WAKALATNAMA Hee 39A-390C Last Page: 39CDISTRICT THANE IN THE HIGH COURT OF JUDICATUREAT BOMBAY CIVIL APPELLATE JURISDITION WRIT PETITION NO. OF 2023 In the matter of Articles 12, 14, 19, 226 and 227 of the constitution of India And In the matter of Electricity Act, 2003And In the matter of Indian Telegraph Act, 1885, And In the matter of impugned order dated 3" March, 2023 passed by the collector and District Magistrate, Thane, copy of which is not served upon the petitioner. Atlanta limited, a public limited company having its office at 504, Samarpan, New Link Road, Chakala, Near Mirador Hotel, ) .» Petitioner Andheri (East), Mumbai 400 099 Versus 1 State of Maharashtra through the office of the Collector, 207, 2%4Floor, Collectors Office, Thane Court Naka, Thane (West) 400 6012 Sub Divisional officer, Office of the Thane Sub Division, Thane, 207, 2nd Floor, Collector Office, Thane Court Naka, Thane (West) 400 601 3 The Office of Collector and the District Magistrate opp. Thane District court, Court Naka, Thane (West), Taluka and District Thane 4 Maharashtra State Electricity Transmission Company limited, through the Executive Engineer, EHV, project Division Kalwa, at and Post Airoli, Thane Belapur Road, Post Box No. 20, Navi Mumbai -400 708 TO, THE HONOURABLE THE CHIEF JUSTICE & OTHER JUDGES OF THE HIGH COURT OF JUDICATURE AT BOMBAY. ) .» RespondentsTHE HUMBLE PETITION OF THE PETITIONERS ABOVENAMED. MOST RESPECTFULLY SHEWETH: 1. The petitioner is a limited company registered under the Companies Act 1956, having its office at the address shown in the cause title. The Respondent no.1 is the State of Maharashtra. The Respondent no.2 is the Sub Divisional Officer. The Respondent no.3 is the Collector and the District Magistrate. The respondent no. 4 is The Maharashtra state electricity Transmission Company limited. 2, The petitioner is filing the present writ petition challenging the impugned order passed by the 3” respondent dated 3"! March, 2023, copy of which is not served upon the petitioner and for other reliefs on the facts, circumstances and cause of action more particularly set out hereinbelow. 3. The Petitioner states that the Petitioner is an owner of land bearing Survey No. 67, Hissa Nos.2/A, 3/A and 3/B situate at Village Sheel, Opp. Dutta Mandir, Kalyan= Shilphata, Mumbai-Pune Road, Mumbra, Dist. Thane 400 612, Tal. & District Thane (Sector 11), which falls within the jurisdiction of the Respondent no.1. The Petitioner states that the said land was admeasuring 30,600/- sq.mtrs equivalent to 3 hectares, 6 gunthas (hereinafter referred to as the “said land”). . The Petitioner states that as the Petitioner was desirous of developing the said land, the Petitionér applicd for a development permission to the Respondent no.3 to develop the said land as a layout project i.e. to develop the whole land under one layout. Accordingly, Phase-I of the layout, three buildings were to be constructed for which building permission was granted by the Respondent no.1 on 14" February, 2012. The Petitioner states that the Respondent No.3 granted Commencement Certificate (CC) on 16% March, 2012. The Petitioner states that in order to develop the said land, the Petitioner obtained No Objection Certificate (NOC) dated 29% March, 2012 from the Maharashtra State Electric Transmission Company (MSETCL). The petitioner7 6 craves leave to refer to and rely upon the NOC dated 29 March, 2012 granted by the MSETCL. The Petitioner states that as the said land was an agricultural land, the Petitioner obtained permission for non-Agricultural purpose vide an Order dated 29h January, 2013. The Petitioner states that as the project of the Petitioner on the said land required clearance from the Ministry of Environment, the Petitioner applied to the Respondent no.1 for a Letter of Intent on 16% November, 2015, which was granted by the Respondent no.1. . The Petitioner states that pursuant to the permissions granted by various authorities, the Petitioner has already constructed two towers of stilt plus 20 floors. The petitioner craves leave to refer to and rely upon copies of the photographs showing the two towers. The Petitioner states that the Petitioner has already sold flats in the said two towers and obtained Occupation Certificate (OC) and has put flat purchasers in possession of their respective flats. The Petitioner states that~as the Petitioner wanted to carry out further development, the2 7 Petitioner made an application to the Thane Municipal Corporation for permission, vide a letter dated 5t* October, 2016 addressed to the architect of the Petitioner, the Thane Municipal Corporation called upon the Petitioner to deposit Rs.12,49,56,370/-. The petitioner craves leave to refer to and rely upon copy of the letter dated 5" October, 2016. . The Petitioner states that the Petitioner has spent a large amount for the purpose of developing the aid land, as set out hereunder: a. The Petitioner obtained development permission for construction of three towers with a podium on 14" February, 2012. b. Originally, part of the land was a hill, full of rocks. The Petitioner has completed two towers of 20 Storey each and obtained Occupation certificate on 1st April, 2017. For commencing 3™ Tower and podium on the entire plot, the Petitioner had to carry out rock cutting and has spent Rs.13.20 Crores for rock cutting and plot development,g . \ which amount is shown in the audited palsooe NG Sheets for the financial year 2013-14 of the Company. The Petitioner has completed construction of a compound wall at a cost of Rs.61,56,056/- in the entire plot. Out of three towers, the Petitioner has constructed two towers, both having stilt plus 20 floors. After obtaining Occupation Certificate, the Petitioner has given possession to 229 flats purchasers in the constructed two towers. A podium to be constructed is spread on the balance entire plot of land. On the podium area, the Petitioner is required to provide various facilities to the flat purchasers e.g. health club, swimming pool, community center hall, recreational indoor area etc. and another 4 towers. Therefore, for not providing promised amenities, the Petitioner can be hauled up for violation of the provisions of MOFA.9. The nm 7 . As per the condition of Development permission, the Petitioner has handed over the land admeasuring 7918 sq. mtrs. to the Thane Municipal Corporation for the purpose of D.P. Road. That an additional amount of Rs.1,17,68,809/- is paid as a premium to thane municipal corporation for three towers as demanded by the Thane Municipal Corporation vide Demand letter dated o1st December, 2011. Petitioner states that thereafter due to implementation of Real Estate Regulatory Authority Act, 2016 (RERA), the Petitioner was required to amend the building plans, comply with other various formalities and therefore, further construction permissions were delayed. In the meantime, the Petitioner was surprised to come across a public notice dated 13 March, 2018 published in local newspapers, wherein the office of the Respondent no.1 declared that various lands was required for the bullet train project and that the landlo required for the said project will be acquired by private\, negotiations. 10. The Petitioner states that in the Annexure-L annexed tothe said public advertisement, as there was 10 mention about the said land pelonging to the Petitioner, therefore, the Petitioner did not pother about the said public notice. However, the Petitioner was surprised to receive anotice dated 2" May, 2018 from the Respondent no. was served upon the architect of the Petitioner, hereunder after giving reference of the said public notice dated 17 March, 2018, the Thane Municipal Corporation issued a stop work notice till final decision is taken pursuant to the public notice dated 17" March, 2018. i 11. The petitioner states that the petitioner was constrained to file a writ petition being ‘Writ Petition no. 10358 of 2018 in this Hon’ble Court challenging the impugned stop work notice dated 2" May, 2018. Vide a judgment and order dated 15" March, 2019, the Division Bench of this Hon’ble Court held that the stop work notice isi / WA unsustainable in law. However, the Respondent no.1 was given a liberty to acquire the land. The petitioner craves leave to refer to and rely upon copy of the said judgment and order dated 15 March, 2019 ‘ 12.The petitioner states that thereafter, the petitioner negotiated with the National High Speed Rail Corporation limited (NHSRCL) and agreed to handover / sell 5993 sq. mtrs. of Jand under a registered Sale Deed dated 11 November, 2019 to NHSRCL. The petitioner craves leave to refer to and rely upon the said registered sale deed dated 11" November, 2019. 13.The petitioner states that a transmission electric tower is existing on the land admeasuring 5993 sq. mtrs., which the petitioner has sold to NHSRCL. It appears that the respondent no. 4 wants to shift the said tower no. 678 at the request of NHSRCL. Therefore, vide a letter dated 7 | November, 2020, the 4 respondent requested the | petitioner to permit 4% Respondent to execute the work of shifting the said tower in the remaining property of the petitioner. The petitioner craves leave to refer to and relyIZ upon copy of the letter dated 7" November, 2020. The % petitioner craves jeave to refer to and yely upon a copy of the block plan showing the said tower presently situate on the land handed over by the petitioner to NHSRCLin red colour and the location where the said tower is proposed to be shifted in petitioners” remaining land in green colour. 14.The petitioner states that the petitioner vide ivs letter & dated 7 November, 2020 pointed out to the Respondent no.4 that the petitioner has got the whole Jayout of the Jand for development sanctioned by the Thane Municipal Corporation, whereunder three towers of stilt plus 20 floors were to be constructed, out of which the petitioner has already constructed two towers of stilt pus 20 floors and has obtained occupation certificate and sold the flats to the flat purchasers. It was pointed out that the petitioner has already handed over the land admeasuring 5993 to NHSRCL and therefore the respondent no. 4 may coordinate with NHSRCL regarding the shifting of the tower in land that belongs to NHSRCL. The petitionerdated 7's November, 2020. 15.The petitioner states that vide a letter dated 11% November, 2020, the respondent no.4 informed the petitioner that if the petitioner is having difficulty in executing the sanctioned building plans and if the shifting of the existing tower is affecting the petitioner, the respondent No. 4 is ready to adjust the location of the shifting of the tower as per technical feasibility. The petitioner craves leave to refer to and rely upon copy of the letter dated 11° November, 2020. 16.The petitioner states that vide another letter dated 18t November, 2020, the respondent no. 4 for the first time mentioned that the existing tower is tower No. 678 and the shifting of the same will be beneficial to the petitioner. Therefore, the petitioner should permit the work to start at the earliest. The petitioner craves leave to refer to and rely upon copy of the letter dated 18 November, 2020. 17.The petitioner states that vide its reply dated 18% November, 2020, the petitioner informed the4 4trespondent that the existing tower no. 678 is on the * Jand belonging to NHSRCL and it is just and prudent to erect the tower in the plot of land belonging to NHSRCL. The petitioner craves Jeave to refer to and rely upon copy of the letter dated 18t November, 2020. 48. The petitioner states that thereafter correspondence has been exchanged between the petitioner and petitioner's architect on one hand and respondents on the other hand, wherein the subject of shifting of the exiting tower no. 678 was discussed. The petitioner js not annexing the said correspondence so as not to burden the record. However, the petitioner craves Jeave to refer to and rely upon the correspondences as and when produced 19.The petitioner states that the petitioner received a notice dated 24'June, 2021 from the 24 respondent informing the petitioner that the respondent no. 4 company is authorised to install electric overhead line as per the power given by section 10 to 19 and 19 (A) of the Indian Telegraph Act, 1885 t/w. section 51 of the Indian\ | 1S } Electricity Act, 1910. Accordingly, a committee constituted as per government resolution dated 31°t May, 2017 and committee constituted as per the directions of the collector Thane has been given the power to calculate the compensation payable for the damages that will be caused to the petitioner and accordingly, the petitioner was called upon to appear before the committee on 30" | June, 2021 at 4.00 p.m. The petitioner craves leave to refer to and rely upon copy of the letter dated 24"June, 2021. 20. The petitioner states that accordingly the petitioner's representative remained present before the committee on 30" June, 2021 and pointed out that 225 sq. mt. of land of the petitioner, which is reserved as a recreation ground, will be taken away for constructing the tower. Moreover, shifting of tower at the proposed new place will affect the construction of podium, swimming pool, etc. of the petitioner. Ultimately, in order to consider the feasibility, it was decided that on 5 July, 2021*the concerned officers of the various departments will remain present at& the site for survey. Vide a letter dated got June, 2021, acl respondent no.2 forwarded the minutes of the meeting dated go" June, 2021 and the decision taken jp the meeting held on got June, 2021 that all concerned officers will remain present at the site on 5% July, 2021. ‘The petitioner craves Jeave to refer to and rely upon copy of the letter dated go June, 2021 and copy of the minutes of the meeting dated got June, 2021, respectively. 21.The petitioner states that vide aletter dated 24 July, 2021 the petitioner forwarded a representation to all the respondents and pointed out how shifting of the tower No. 678 in to the petitioner’s Jand will affect the existing residential buildings, RG area, podium, parking, etc. The petitioner craves Jeave to refer to and rely upon. the said representation dated 2"¢ July, 2021. i 22, The petitioner states that on 5" July, 2021, survey took place and it was clearly found that the shifting of transmission tower will affect flat purchasers, who are staying in two towers having stilt plus 20 floors. In ( AN o NN AOS/ addition to the same, shifting of tower will also affect the RG area, the proposed podium, the proposed parking area swimming pool and club area, ete. Surprisingly, in the minutes of the meeting held on 74 July, 2021, none of the aforesaid facts were minuted, which is clear from the minutes of the meeting dated 7 July, 2021. The petitioner craves leave to refer to and rely upon the minutes of meeting dated 7% July, 2021. 23. The Petitioner states that on receipt of Minutes of meeting dated 07 July, 2021 on 14 July, 2021, vide a letter dated 15" July, 2021, the petitioner forwarded a representation to the Respondents and NHSRCL pointing out that the Petitioner has suffeted tremendous monetary and potential loss over a period of time i.e. for the past 4 years because of impact of High Speed Bullet ‘Train project. Therefore, requested the Respondent No. 2 and the thane municipal corporation to intervene in order to resolve the issue amicably by considering the following requests/ concessions with respect to proposed construction plans submitted for approval.18 Request t spondent No. a. NOC with respect to construction of Driveway / Ramp of podium, swimming pool within the effective 35 mtrs wide corridor - pb. NOC for allowing the cars to be parked within 35 mtr wide corridor Request to Thane Municipal Corporation: a. Confirmation with respect to reduced physical RC area since the tower will be relocated in proposed R. G. area and TMC not to insist on extra RG area. b. Permission / Sanetion (full CC) within 15 days c. Installation of RMC plant at site (for self - consumption only) Request for NHRSCL : To give adequate compensation for the expenses to be incurred and towards for construction of construction of Tower No. 678 in the petitioners’ land. i ‘The petitioner craves Jeave to refer to and rely upon the said. representation dated 15'July, 2021.A to receive a letter dated 24'* August, 2021 on 13 September, 2021 from the 24 respondent, informing the petitioner that the respondent no. 1 and 2 have decided to shift the tower no. 674, which so far was described as ‘Tower No. 678. It was further informed that as per ready reckoner rate the petitioner is entitled to receive Rs. 40,50,000/-.Hereto annexed and marked Exhibit “A” is an impugned decision dated 24% August, 2021 received by the petitioner on 13 September, 2021. 25. The petitioner states that the petitioner vide its advocates’ letter dated 17 September, 2021 called upon. the respondent No.2 to withdraw the said letter dated 24t August, 2021 conveying the decision of the respondent that the land of the petitioner admeasuring 225 sq. mt. will be acquired on payment of damages amounting to Rs. 40,50,000/-. The petitioner craves leave to refer to and rely upon a copy of the letter dated 17!» September, 2021. 26. The petitioner states that after nearly one year, the petitioner was surprised to receive a notice dated 2420 August, 2022, hereunder the petitioner was informed that the Executive Engineer of the respondent No.4 has made an application to the 3% respondent u/s.16 G) of the Indian Telegraph Act, 1885 (the said Telegraph Act) and therefore the petitioner was called upon to appeat for a hearing on 26t August, 2022. The petitioner craves leave to refer to and rely upon copy of the said notice dated 24 August, 2022. 27. The petitioner states that the petitioner's representative viz. Mr. Taj Khan appeared before the 3 respondent from time to time and pointed out the earlier correspondence entered into by the petitioner with the respondents. It was specifically argued by the said representative before the 3 respondent that the shifting of high tension tower/ pylon No. 678 (sometime referred as pylon No. 674) of the 220 KVA Kalva-Apte transmission line (hereinafter referred to as “the said high tension electric line”) is not a telegraph and therefore the said Telegraph Act does not apply. Moreover, proceedings u/s. 16 of the Telegraph Act can.2/ yf yf be adopted only in order to facilitate installation / shifting of telegraph line and not high tension electric line. The said representative pointed out that earlier the respondent No.4 had invoked the provisions of Indian Electricity Act, 1910 r/w. Electricity Act, 2003 r/w. the said Telegraph Act. 28. The petitioner states that the petitioner’s said | representative was also called upon to give in writing the prejudice, which will be caused to the flat purchasers, who will be occupying the towers and future flat purchasers in the 3" tower. Accordingly, the petitioner gave written submissions dated 26" August, 2022. The petitioner craves leave to refer to and rely upon copy of the said written submission dated 26th August, 2022, without annexures. The petitioner craves leave to rely upon the annexures. 29. The petitioner states that the respondent No.4 filed its reply and refused to grant permission for construction of drive way /ramp and car parking. It is pertinent to note that the respondent No.4 relied upon the Indian standard22 code of practice for design and installation and maintenance of power line overhead. Moreover, particularly If lines 11 KV and upto and including 220 KV. The petitioner craves leave to refer to and rely upon copy of the said reply submitted by respondent No.4 along with acopy of the code. é 30. The petitioner states that the last hearing was given by respondent No.3 on 14t February, 2023 and thereatter the matter was closed for passing an order. The petitioner states that surprisingly on 9" March, 2023, the officers of respondent No.4 came to the site with police force and insisted on starting the work of shifting the said pylon 678. At that point of time, the petitioner had received on whatsapp a copy of the impugned order dated 3" March, 2023 from the secretary of the society. It is pertinent to state that there is Order dated 3" March 2023, the area is increased from 225 sqm. to 265.69 sqm. Hereto annexed and marked Exhibit “B’ is a copy of the order dated 3" March, 2023 passed by the 3" respondent copy of, which is not served upon the petitioner23 31.Being aggrieved by the impugned order dated 3" March, 2023 passed by the 34 respondent, the petitioner begs to file the present writ petition on the following amongst other grounds, which are without prejudice to each GROUNDS i} That the impugned judgment and order dated grd / March, 2023 is against the material on record and against the provisions of law. . That the respondent No.4 insisted to shift the said high tension electric line into the property of the petitioner by shifting the pylon No. 678. In that case, section 10 and 16 of the Telegraph Act has no application and therefore the impugned order passed by respondent No.3 is without any authority inlaw c. That section 10 and 16 of the Telegraph Act can be invoked only by the telegraph authority. The said Telegraph Act defines telegraph authority to mean the director general of posts and telegraph and24 ; include any officer empowered by him to perform any other function of the telegraph authority under the Telegraph Act. . The impugned order of respondent No.3 is not passed on the application of the telegraph authority. ‘That the application to the Thane Municipal Corporation is made by the executive engincer of respondent No.4. The said executive officer of respondent No.4 is neither a telegraph authority nor an officer authorised by the director general of posts and telegraph. Therefore, on non- maintainable application the 3 respondent has passed a non-maintainable order, which is liable to be set aside. : That the earlier decision conveyed by the 24 respondent vide letter dated 24"August, 2021 received by the petitioner on 13" September, 2021, is also totally bad and illegal.25 That in the notice dated 24" June, 2021, the 2¢ respondent had stated that the committee constituted as per the government resolution dated 31° May, 2017 and constituted by the collector, has the power to calculate the compensation for damages payable to the petitioner. It is submitted that such a committee has no such power either under the Indian Telegraphs Act, 1885 or under the Electricity Act, 2003. ‘ h. It was also pointed out that infact Indian Electricity Act, 1910 is repealed by the Electricity Act, 2003 and therefore the Respondent no.2 has wrongly invoked the provisions of Indian Electricity Act, 1910 |. That it was further pointed out that section 51 of the Indian Electricity Act, 1910 also has no application to the facts of the case. The said section 51 can be invoked only when proper coordination of work is required for transmission of energy or for the purpose of telephonic or __ telegraphick 26 communication. In the present case, telephénic otc fog ie telegraphic communication is not involved. Whatis J involved is only shifting of transmission tower ne. 678 (now mentioned as transmission tower no. 674) from its exiting place in the neighbouring land to a location situate in the land belonging the petitioner. |. That the impugned decision is not only taken by a wrong authority, without authority in law and that 400 without following the rules of natural justice. ‘That the respondents have not considered the fact that the shifting of the transmission tower into the petitioner's land will affect large number of flat purchasers, who have purchased flats in two towers having stilt plus 20 floors. | That the respondents have also not considered the fact that the proposed shifting of transmission tower will adversely affect the recreation area of the flat purchasers, proposed podium, swimming pool,2F club house, potential of the phase II project ete. meant for the flat purchasers. ff ff m. That the impugned order date 3"! March, 2023 is B \ not even served upon the petitioner. The petitioner has received a copy of the order on whatsapp from the secretary of the co-operative society of the two towers constructed by the petitioner. Therefore, there is a violation of rules of natural justice 32. The petitioner states that on 9t March, 2023 at about 12. 00 noon the officer of respondent No.4 came to the site with police force to start the work to pylon No. 678 and the said high tension work line. The said work is going on, therefore, there is urgency in the matter. 33. The Petitioner demanded justice, but the same is denied to it. There is no other alternative and efficacious remedy available to the Petitioner and the reliefs that will be granted will be just, complete and effective. 34. The Petitioner has not filed any other Writ Petition either in this Hon'ble Court or in any other court or in the Supreme Court of India on the same cause of action.28 fe 35. The cause of action has arisen at Thane. This Hon'ble" Court therefore, has on its appellate side jurisdiction to try and entertain this Petition. 36. The petitioner submits that there is no delay or latches on the part of the petitioner in approaching this Hon'ble court, However, if any delay is caused the same may be condoned in the interest of justice. 37. The petitioner states that Ms. Shraddha Mohite, the authorised officer of the petitioner abovenamed has signed and verified the present petition and is in a position to depose about the same. 38. The Petitioner has paid a fixed Court fees of Rs.250/-. 39. The Petitioner will rely upon documents, a list whereof is annexed hereto. 40. The petitioner therefore prays:- a. That a writ of certiorari or any other wrt order or direction be issued calling for the records and files of the case and after going into the legality and validity of the impugned order dated 3" March,27 2023 (Exhibit B), a copy of which is not served upon the petitioner, quash and set aside the same. . That a writ of certiorari or any other writ order or direction be issued calling for the records and files of the case and after going into the legality and validity of the impugned decision conveyed by respondent no.2 vide letter dated 24% August, 2021 received by the petitioner on 13‘ September, 2021 (Exhibit-A) whereunder the respondents want to take over 225 sq. mt of land belonging to the petitioner bearing survey No. 67/Hissa Nos. 2/A, 3/A and 3/B /b/4 on payment of Rs. 40,50,000/- being the compensation for damages, quash and set aside the same. . That pending the hearing and final disposal of the petition, the respondents be restrained by and order and injunction of this Hon’be Court from acting upon and /or taking any further steps pursuant to the impugned order dated 3% March30 2023 (Exhibit B), a copy of which is not served upon the petitioner, be stayed. |. That pending the hearing and final disposalof the petition, further operation of the impugned decision conveyed by respondent no.2 vide letter dated 24% August, 2021 received by the petitioner on 13% September, 2021 (Exhibit-A) whereunder the respondents want to take over 225 sq. mtrs of land belonging to the petitioner bearing survey No. 67/Hissa Nos. 2/A, 3/A and 3/B /b/4 on payment of Rs.40,50,000/- being the compensation for damages, be stayed. Ad-interim relief in terms of prayer (c) & (d) be granted, . Cost of the petition be provided for . Such other and further reliefs be granted as this Hon’ble Court may deem fit to grant.3/ Sbrraddha_| Petitioner Shraddha Mohite Authorised officer ZL oo Advocatés for the Petitioner VERIFICATION 1, Shraddhe Mohite, the authorised officer of the Petitioner abovenamed, do hereby solemnly declare that what is stated in parag: ining fae paragraphs Nos,21 to 4ois stated on information and belief and I believe the same t be wue. ‘A\ Sclemniy affirmed ai Mumbai ) Dated this 9 PAY wy of March, 2023} Shrraddng _ by Before me, the Petitioner Nesbit Road, Ma Mumbai - 400 VERIFIED ORIG (UBOARD RESOL RITYLETTER Ot....é rsofter sifteerd, ont satrenm, amt ait saicra: Sisk WITT TT = We, BAT TTT, renee eters, ah co ‘Tit (AAPA aH Yoo Kok GAH M, = ORI KERLO Lata eeRc RoR [oy Hh aft, eet \ Ae aera fates, Sov, rhs, 9 arte, cere, : " Brrefrerde aide, afb cp Ha wooote, % fewer: Sm mrerren NHSRCL PrumTsienta ariisiere St Bulle hatsy> YP ‘arch Ro ati ate ae Roy Premera seer Femide aa aS saree sera wart Raster, Wed: sufireitert placa Cara sfrertent adele APR RATELY A. e/oYRoR’, i sib fas, ancr aeder Sx meron NSRCL =a eReusieta ee 2A (Bullet i Toni Se err ow sie, det ater fees aa at sore sero eae faite set a earner fra ert wer ee a ; i ‘Susy wafer aw, Leas, man chor wal guimpe anfer da 234 | Stat. eb dr aac secoemt onan cantent abreatierd act ad sriermecter Pe TR PTE AAT TEE APS Boy tO Fi.rvoRor srt mega mut eer tate stae recuse to Shs mien cetigae wee tes eae sot ep gy, eo a ree ar pt Hace rene ere ater sentra deg are were ek ate werlent ae TRAE area wee area sahet ark, HARI? ar arraierar f.30/08/209R Wet erat x00 aster vet eect dor ore ait ane eh we date ot/ouyeoze Wt Tesh co ara at mereruire afkemmaiee wa nif gem ae afte Rar HE Rojo 2038 tl Gar wa tor dena et egret ae Pier Prtuar cer fread ant cay abd areberaereiey or PtotarereiisFeraren Pai e4o3 Roc /ot 2098 ar wht — fare web, eo ap Se Roe. are ee re ue er MERIT (Ready Reckones) &C we age } whee '3]afa, | eee | Loan‘zRe00/- ma, area Reg A aga wee seh Serer enka wee te we arent. 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Ranier falties, gov, wath, = fee de, sare, af yom5t-A mp of Rs.20/-is affixed herewith DISTRICT THANE IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDITION, WRIT PETITION NO. OF 2023 In the matter of Articles 12, 14, 19, 226 and 227 of the constitution of India And In the matter of Electricity Act, 2003 And In the matter of Indian Telegraph Act, 1885, And In the matter of impugned order dated 3"! March, 2023 passed by the collector and District Magistrate, Thane, copy of which is not served upon the petitioner. Atlanta limited, a public limited ) company having its office at 504, ) Samarpan, New Link Road, Chakala, Near Mirador Hotel, ) . ... Petitioner Andheri (East), Mumbai 400 09959-8 Versus State of Maharashtra through the office of the Collector, 207, 2ndFJoor, Collectors Office, Thane Court Naka,Thane (West) 400 601 Sub Divisional officer, Office of the Thane Sub Division, Thane, 207, 24 Floor, Collector Office, Thane Court Naka, Thane (West) 400 601 i The Office of Collector and the District Magistrate opp. Thane District court, Court Naka, Thane (West), Taluka and District Thane Maharashtra State Electricity Transmission Company limited, through the Executive Engineer, EHV, project Division Kalwa, at and Post Airoli, Thane BelapurS4-C Road, Post Box No. 20, Navi ) Mumbai -400 708 ) ... Respondents To The Registrar, High Court [AS] Mumbai Sir, I/We hereby appoint M/s. M. P. Vashi& Associates, Advocate High Court, Mumbai to act, appear and plead me/us in the above matter. In witness whereof I/We have set and subscribed my/our hand to this writing at Bombay Dated this gt day of March, 2023 Shrraddi ~Pelitisner Shraddha Mohite Authorised signatory ees Advocate for the Petitioner 63, JalaramJyot Building, 24 Floor, Janambhoomi Marg, Fort, Mumbai 400 023. Registered No. 118 (0.8) Mobile 9833800271 mpvashiassociates@gmail.com MAH-LF-444/2023 Adv. Code I 2664DISTRICT THANE IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. OF 2023 Atlanta limited .» Petitioner Versus State of Maharashtra &Ors. .». Respondents WRIT PETITION Dated this 774 day of March, 2023 M/s. M.P. Vashi& Associates Advocate for the Petitioner 63, Jalaram Jyot Bldg, 2" Floor, Janmbhoomi Marg, Fort, Mumbai 400 001 Adv. Code: 12664 MAH-LF-444/2023