Bombay High Court
Mumbai Hoarding Owners Association And ... vs State Of Maharashtra And 7 Ors on 5 October, 2023
Author: G.S. Patel
Bench: G.S. Patel
914-OSWP-228-2023.DOC
Amol
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 228 OF 2023
Mumbai Hoarding Owners Association & Anr ...Petitioners
Versus
State of Maharashtra & Ors ...Respondents
Mr Ashish Kamat, Senior Advocate, with Shyam Kapadia, Mohit
Khanna, Smruti Kanade, for the Petitioners.
Mrs PH Kantharia, Government Pleader, for the Respondent-State.
Ms Pooja Yadav, for the Respondent-MCGM.
Mr Nitesh Bhutekar, with Ankit Nangare, for Respondent No. 5.
Dr Abhinav Chandrachud, with Samsher Garud, Juhi Valia, i/b
Jayakar & Partners, for Respondent No. 9.
CORAM G.S. Patel &
Kamal Khata, JJ.
DATED: 5th October 2023
PC:-
AMOL
PREMNATH
JADHAV
Digitally signed by
1. The 1st Petitioner is the Mumbai Hoarding Owners AMOL PREMNATH JADHAV Date: 2023.10.06 Association. The 9th Respondent, Supri Advertising and 10:44:46 +0530 Entertainment Pvt Ltd ("Supri"), is not a member of the association. It seems that Supri has a tripartite agreement with the Public Works Department ("PWD"), Respondent No. 4 and Maharashtra State Road Transport Corporation ("MSRTC"), Respondent No. 5, and permissions or licenses from the Municipal Corporation of Greater Mumbai ("MCGM") to erect what are Page 1 of 2 5th October 2023 ::: Uploaded on - 06/10/2023 ::: Downloaded on - 06/10/2023 12:51:56 ::: 914-OSWP-228-2023.DOC called cantilevered hoardings, i.e., display hoardings that project outward over motorable roads. These hoardings are supported on columns on the margins of the roads (or possibly along the central median divider with projections on either side).
2. According to the Petitioner, various considerations, including public road safety and extent guidelines, prohibit such cantilevered hoardings. This position is seriously contested by Dr Chandrachud on behalf of Supri.
3. There are Affidavits in Reply from the MCGM, PWD and Supri. Copies of the Affidavits of the MCGM and PWD are to be given to the Advocates on record for Supri if not already done. There is a Rejoinder by Petitioners to the Affidavit in Reply by Supri. All these Affidavits are to be filed in the Registry.
4. We permit the Petitioners to file a Rejoinder to the Affidavits of the PWD and the MCGM. The Affidavit in Rejoinder by the Petitioners is to be filed and served by 9th October 2023. No further Affidavits without leave of the Court. We permit Supri to file prepare a compilation of reference documents.
5. List the matter on 13th October 2023.
(Kamal Khata, J) (G. S. Patel, J) Page 2 of 2 5th October 2023 ::: Uploaded on - 06/10/2023 ::: Downloaded on - 06/10/2023 12:51:56 :::