MARADU MUNICIPALITY Vs. INDUS TOWERS LTD

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners and the learned counsel appearing for the respondents.

(2.) THE issue raised in these writ petitions are connected and therefore they are heard together and are disposed of by this common judgment.

(3.) EXT.P4 is the show cause notice which led to Ext.P5 final order passed by the Municipality. The only reason stated in the show cause notice is that the permit has been granted in respect of an area which falls within the residential zone as per the Town Planning Scheme which is in force. According to the Secretary, a building permit for the installation of a Telecommunication tower could not have been granted in a residential zone and therefore, the permit was granted by way of a mistake attracting cancellation of the permit as per Rule 16 of the Rules. This was the only contention that was reiterated before the Tribunal also. The Tribunal considered this contention and rejected the same in view of Rule 140A(2) of the Rules which reads as under:-