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2010 Supreme(SC) 815

P.SATHASIVAM, B.S.CHAUHAN
Kalabharati Advertising – Appellant
Versus
Hemant Vimalnath Narichania – Respondent


Advocates appeared:
For the Appearing Parties:Ravi Shankar Prasad, Atul Yeshwant Chitale, Senior Advocates, Abhay Prakash Sahay, Shashi Pal Sharma, Niraj Kumar, Chander Shekhar Ashri, Ms. Sunaina Dutta, Ms. Sniggdha Pandey, Mrs. Suchitra Atul Chitale, S.M. Jadhav, Ratan Kumar Singh, Nikhilesh Krishnan, Paranay Mahapatra, Vipin Kumar Jha, Advocates.

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











































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