Sagardeep Advertising vs Municipal Corporation And Ors. on 31 January, 2006
13. We have carefully gone through the judgment of this Court in the case of Kishore Gupta (supra), and in our considered opinion the law laid down therein does not support the contention of the petitioner or apply to the present case in view of the totally different factual matrix in the backdrop of which that judgment was delivered as in that case bye-laws regulating advertisements in Municipal Corporation, Indore were in existence wherein advertisement fees as well as the procedure had been fixed and therefore the act of the Commissioner to grant the same by way of auction on a higher fees was held to be contrary to the existing bye-laws and quashed. The scope of the extent of statutory powers vested in the Corporation under Section 366 of the Act and whether the statutory powers and procedure provided thereunder could be abrogated or diluted by bye-laws was also not considered. In the present case admittedly no bye-laws have been framed by Municipal Corporation, Jabalpur or the State Government to regulate advertisements and no procedure has been prescribed to deal with grant of permission to install advertisement boards or hoardings.