Bombay High Court
Roshan Space Brandcom Pvt Ltd. And Ors vs The Municipal Corporation For Greater ... on 23 March, 2023
Author: Amit Borkar
Bench: Amit Borkar
11-wp830-2023 & connected.doc
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.830 OF 2023
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WRIT PETITION NO.834 OF 2023
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WRIT PETITION NO.847 OF 2023
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WRIT PETITION NO.838 OF 2023
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WRIT PETITION NO.882 OF 2023
Roshan Space Brandcom
Pvt. Ltd. & Ors. ... Petitioners
V/s.
The Municipal Corporation
for Greater Mumbai & Anr. ... Respondents
Mr. Samsher Gaud with Ms. Juhi Valia i/by Jayakar &
Partners for the petitioners.
Ms. Madhuri Rane for respondent no.1/MCGM.
Mr. M.G. Patil, APP for respondent no.2/State.
CORAM : AMIT BORKAR, J.
DATED : MARCH 23, 2023 P.C.:
1. Issue notice to the respondent no.1, returnable on 19th April 2023.
2. One of the principal contention raised on behalf of the petitioners is that the advertisement/hoarding stands on the property owned by Railways and, therefore, the Municipal Corporation has no power to regulate the said property as the said 3 ::: Uploaded on - 23/03/2023 ::: Downloaded on - 24/03/2023 18:19:29 ::: 11-wp830-2023 & connected.doc property falls beyond purview of sections 328 and 328A of the Mumbai Municipal Corporation Act, 1949.
3. In support of his submission, he has placed reliance on the judgment of the Division Bench of this Court in Union of India v. Municipal Corporation for Greater Mumbai in Writ Petition No.1648 of 2017 delivered on 21st December 2017.
4. Apart from the said contention, perusal of the impugned order indicates that the learned Magistrate has fixed stamp of order of issuance of process, which, prima facie shows non-
application of mind.
5. Learned advocate for respondent no.1 seeks time to file reply affidavit.
6. Stand over to 19th April 2023. To be heard along with Criminal Writ Petition Nos.853 of 2018, 1798 of 2018, 1799 of 2018 & 2086 of 2018.
7. Till 19th April 2023, there shall be ad-interim relief in terms of prayer clause (b).
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