SHASHI B. SHINDE Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) These Writ Petitions are filed seeking the following reliefs.

(2.) The brief factual matrix that emanate from the records are that, the petitioners claimed that they are the flat owners and residents of Shraddha Apartments (Residency), Sadashiv Nagar, Belagavi, having purchased the flats in the year 2006. Along with them the other owners who have purchased the flats in the said apartment are also the joint owners of the roof of the said apartment. Respondent No.3 who is a sitting Member of Parliament (for short 'MP') and respondent No.4, wife of respondent No.3, who are the erstwhile owners of the said Shraddha Apartments (Residency) claiming to be having right, title and interest over the terrace roof of the said apartment, particularly, roof of the lift room, entered into a licence agreement / contract with respondent No.5 and entrusted the work to the respondent No.5 for erecting a mobile tower on the lift room and also to install a generator to run the said mobile tower.

(3.) Petitioners being aggrieved by the said act, have made representations to Belagavi City Corporation and also to the HESCOM authorities not to give any licence or not to provide electricity supply to the said mobile tower and they also made all their representations to the authorities for dismantle or to demolish the mobile tower in order to stop the said illegal activities of respondents 3 to 5. Inspite of the objections the respondent No.5 utilizing the political power of respondents 3 and 4 have erected the mobile tower on the lift room and respondent No.2, in fact, inspite of the objections sanctioned power to the said tower and respondent No.1 has also provided power supply to the said tower. Therefore, without any other go, the petitioners have approached this Court.