Judgment :

Dr. B.S. CHAUHAN, J.

1. Delay condoned. Leave granted.

2. These appeals have been preferred against the judgment and orders dated 4.2.2008/13.2.2008 passed by the High Court of Judicature at Bombay in Writ Petition No.2366 of 2007 and the consequential order dated 8.2.2008, as amended vide order dated 11.2.2008 passed by the Municipal Corporation of Greater Mumbai by which the hoarding fixed by the appellant in the Anand Darshan Co-operative Housing Society Ltd., Respondent No.13 (hereinafter called the "Society") had been removed in spite of agreements between the parties.

3. Facts and circumstances giving rise to these appeals are that the appellant who is carrying out a business of advertisement hoardings within the city of Bombay approached the Society in 2001 for grant of permission to erect a hoarding admeasuring 40'x20' in its compound. The Society passed a Resolution in the year 2001, permitting the appellant to erect a hoarding of the aforesaid measurement. The appellant applied to the Municipal Corporation (hereinafter called the "Corporation") for grant of necessary permission for erecting the same. The said application was allowed by the Corporation vide order dated 4.8.2001. Subsequent thereto an agreement dated 5.9.2001 was executed between the appellant and the Society for a period of three years on various terms and conditions mentioned therein, and was given effect to. The said agreement was renewed after expiry of the period of three years in the year 2004 by the Society and ultimately vide Resolution dated 12.8.2007 for a further period of three years.

4. During this period, a Public Interest Litigation, being Writ Petition No.1132 of 2002 was filed before the Bombay High Court by one Dr. Anahita Peadoin against the Municipal Corporation of Greater Mumbai pertaining to the grant of permission for hoardings in Mumbai alleging various violations of guidelines issued by the Corporation for the said purpose. The Bombay High Court while entertaining the writ petition constituted a Committee to find out violations of the guidelines of the hoardings in Mumbai and the Committee found that 266 hoardings including that of the appellant had been in violation of the guidelines issued by the Corporation. So far as the appellant is concerned, the Committee came to the conclusion that the said hoarding had been in violation of condition Nos.16(f) and 16(c), i.e., obstructing the air, light and ventilation and situated in the compulsory open space.

5. The Bombay High Court vide its order dated 1.10.2002 directed the aggrieved parties to file representation before the Statutory Authority, i.e., Deputy Municipal Commissioner, against the findings of the Committee constituted by the Court. Accordingly, the appellant made a representation before the said authority and the said representation was disposed of on 6.4.2004, after giving opportunity of hearing to the appellant and examining the facts in the presence of officers/representatives of the respondent- Corporation, coming to the conclusion that the hoarding of the appellant was not violative of guideline No.16(f). So far as violation of guideline No.16(c) was concerned, the appellant was directed to apply to the Chief Engineer (DP) for condonation of compulsory open space clause of guidelines within 15 days with an observation that regularisation of the hoarding would be subject to the outcome of Writ Petition No.1132 of 2002.

6. In pursuance to the order dated 6.4.2004, appellant approached the said Authority vide representation dated 1.6.2004. The said representation was marked/assigned to the Assistant Engineer (BP) and he was directed to examine the case. The said Assistant Engineer (BP) City-III examined the case and had also made physical verification of the hoarding and prepared the report dated 16.7.2007 to the effect that there was no violation of clause 16(c) of the guidelines. The said report was placed before the Executive Engineer (BP) City-I of the