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2008 Supreme(SC) 1317

ALTAMAS KABIR, G.S.SINGHVI
Supri Advertising & Entertainment Pvt. Ltd. – Appellant
Versus
Dr. Anahita Pandole – Respondent


Advocates appeared:
For the Appellant :Aspi Chinoy, Sr. Adv., P.H. Parekh, Ms. Diksha Rai (for M/s. Parekh & Co.), Gopal Jain, Ms. Nandini Gore, Ms. Prachi Goel and Mrs. Karanjawala, Advocates.
For the Respondents:Pallav Shisodia, Ms. S.J. Billimoria, D.N. Mishra, Arvind Kumar, Gaurav Goel, Mahesh Agarwal, Rishi Agrawala and E.C. Agrawala, Advocates.
For the State :Chinmoy Khaladkar, Sanjay V. Kharde and Ms. Asha Gopalan Nair, Advocates.

Judgment

Altamas Kabir, J. —

1.Leave granted in both the Special Leave Petitions. Having regard to the common issues involved in the two appeals and the connected applications, they were taken up for hearing together.

2.The respondent herein, Dr. Anahita Pandole, filed Writ Petition no.1132 of 2002 before the Bombay High Court for relief mainly against the Municipal Corporation of Brihan Mumbai and its authorities in granting licences for mobile hoardings, purportedly in violation of the provisions of Sections 308, 328 and 328A of the Mumbai Municipal Corporation Act, 1888, Section 116 of the Motor Vehicles Act, 1988 and the provisions of the Maharashtra (Urban Areas) Preservation of Trees Act 1975. The writ petition appears to have been filed on account of the writ petitioner’s concern regarding the destruction of flora and fauna and the environment of Mumbai, the damage to heritage buildings in the city and also the prejudice purportedly caused to the safety of pedestrians and motorists in Mumbai. By the writ petition, the respondent no.1 sought the intervention of the High Court to put a check on hoardings, which according to the respondent no.1, had proliferated alarmingly in the

















































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