A division bench of Justices S B Mhase and A A Kumbhakoni on Thursday held that Reliance Infocom must pay fees for constructing network tower on buildings under the jurisdiction of Akola Municipal Corporation.
The bench's ruling is opposite to the view by another bench in a similar case and the matter has now been referred to the Chief Justice for hearing by a larger bench, without any interim relief to Reliance Infocom.
Earlier the bench of Justices R M S Khandeparkar and V M Kanade, while hearing similar petitions by other operators, had struck down a notification by state government on charging of fees for constructing network towers.
Reliance Infocom, a Anil Ambani Group company, has challenged this notification regarding charging of fees by the Municipal Corporations for constructing network towers atop buildings.
The company contended that state does not have the power under the Maharashtra Region Town Planning (MRTP) Act to impose such fees.
The bench stated that the notification was valid as it rationalises the fees charged by the different municipal corporations.
Additional government pleader Vinay Sonpal said that corporations have been charging fees under provisions of the Development Control Regulations (DCR).
