1. These Public Interest Litigations have been filed essentially for bringing to the notice of the Court that in all major cities in the State there are large number of illegal banners, hoardings, posters, digital flexes, arches etc. displayed mainly by the political leaders/workers. Occasions for such display are birthdays of political leaders, appointments made of the political leaders to a particular post, alleged achievements of the political leaders. There are posters and banners displayed for welcoming the political dignitaries to various cities. There is a display of banners, posters, flexes, Arches etc by the political leaders for conveying good wishes on account of religious festivals. Apart from illegalities committed by political leaders/workers, there are others who indulge in such illegalities. The illegalities are causing defacement of private and public properties in the cities. It is brought to the notice of the Court that the Municipal/Police Authorities are not taking action in respect of these illegalities for various reasons.

2. The issues raised relate to the implementation of the provisions of the Maharashtra Municipal Corporations Act, 1949 (for short `the said Act of 1949'), the Mumbai Municipal Corporation Act, 1888 (for short `the said Act of 1888'), the Maharashtra Prevention of Defacement of Property Act, 1995 (for short `the Defacement Act') and other municipal laws. Considering the important issues involved, these petitions need final hearing. Accordingly, we issue Rule. The parties who are represented in these petitions before this Court waive service of notice through their respective Advocates.

3. Before adverting to the factual aspects, a reference will have to be made to the provisions of the said Act of 1949. Section 244 of the said Act of 1949 reads thus:

“244 Regulations as to sky-signs.

(1) No person shall, without the written permission of the Commissioner, erect, fix or retain any sky-sign of the kind prescribed by rules whether existing on the appointed day or not. [Where a sky-sign is a poster depicting any scene from a cinematographic film, stage play or other stage performance, such permission shall not be granted unless prior scrutiny of such poster is made by the Commissioner and he is satisfied that the erection or fixing of such poster is not likely to offend against decency or morality. A permission under this section] [may be granted or renewed for a period not exceeding two years] from the date of each such permission or renewal, subject to the condition that such permission shall be deemed to be void if,

(a) any addition is made to the sky-sign except for the purpose of making it secure under the direction of the City Engineer;

(b) any change is made in the sky-sign, or any part thereof;

(c)the sky-sign or any part thereof fall either through accident, decay or any other causes;

(d) any addition or alteration is made to, or in, the building or structure upon or over which the sky-sign is erected, fixed or retained, involving the disturbance of the sky-sign or any part thereof;

(e) the building or structure upon or over which the sky-sign is erected, fixed or retained becomes unoccupied or be demolished or destroyed.

(2) Where any sky-sign shall be erected, fixed or retained after the appointed day upon or over any land, building or structure, save and except as permitted as hereinbefore provided, the owner or person in occupation of such land, building or structure shall be deemed to be person who has erected, fixed or retained such sky-sign in contravention of the provisions of this section unless he proves that such contravention was committed by a person not in his employment or under his control, or was committed without his connivance.

(3) If any sky-sign be erected, fixed or retained contrary to the provisions of this section, or after permission for the erection, fixing or retention thereof for any period shall have expired or become void, the Commissioner may, by