Telecom tower prosecution over rooftop structure in Pen quashed
The Pen Municipal Council alleged a telecom tower was built on premises at survey No. 1923(B) without permission and the Pen Police registered FIR No. 37 of 2020 under section 53(7) of the MRTP Act with a chargesheet in Summary Case No. 159 of 2020. The tower company said it had applied for permission and the criminal case was premature. The Bombay High Court on 11 September 2026 allowed the petition and quashed the proceedings.
This page records what the cited court, tribunal and government records say happened. Findings belong to the court or authority that made them; this register adds none of its own. Names of private individuals are withheld unless a naming gate clears them.
How we verify →The FIR and chargesheet stand quashed and the prosecution is at an end.
What happened
The High Court recorded that the company sought permission for installation of a telecommunication tower on premises at survey No. 1923(B) within Pen Municipal Council limits.
The High Court recorded that on 2 March 2020 the council called on the company to remove the unauthorised construction within 15 days, and on 3 March 2020 issued a notice treating the tower as unauthorized development.
The High Court recorded FIR No. 37 of 2020 dated 12 March 2020 at Pen Police Station, Raigad under section 53(7) of the MRTP Act and the later chargesheet in Summary Case No. 159 of 2020.
The High Court held that continuing the FIR in its present form would be abuse of process, allowed the petition, and quashed the criminal proceedings.
What the record says
“the Petitioners, seek to quash and set aside the F.I.R. No. 37 of 2020 dated 12 th March 2020”
[name withheld] v State of Maharashtra, Criminal Writ Petition No. 2009 of 2021, opening paragraph — read the full text
A peaceful economic act
Building a structure on private premises without or beyond sanction, with no allegation of encroaching public or another's land, is an owner's own-land use punished as a crime.
What we could not confirm
Whether the company owned or leased the rooftop could not be confirmed; no public-land encroachment was alleged in the excerpt. Paragraph numbers were not verified.