Farzana Khan vs Municipal Corporation of Greater Mumbai, Through its Commissioner

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(Bom) 269

S.C.DHARMADHIKARI, BHARATI H.DANGRE
Farzana Khan – Appellant
Versus
Municipal Corporation of Greater Mumbai, Through its Commissioner – Respondent

Advocates Appeared:
For the Petitioner:Mihir Desai, Senior Counsel a/w Chetan Mali, Mukesh Vashi, Senior Counsel a/w Aparna Devkar, Manisha Desai, Sanjay Kotak I/b Hansa Advani, Loshika Bulchandani, Mukesh Vashi, Senior Counsel a/w Aparna Devkar, Manisha Desai, Sanjay Kotak I/b Hansa Advani, Loshika Bulchandani, Shyam Mehta, Senior Counsel a/with Ashish Kamat a/with Nita Solanki, Mr. Kiran Jain i/by Kiran Jain & Co. Advocates.
For the Respondent:Sagar Patil for M.C.G.M, Karl Shroff I/b Rony Pallath Joseph for Airport Authority, S.U. Deshmukh, Milind Sathe, Senior Counsel, Vivek Shetty, Ashwini Vaidialingam I/b AZB Partners, S.U. Deshmukh, Sharmila Deshmukh, Advocates, Himanshu Takke, AGP, A.L. Patki, Addl. Govt. Pleader.

JUDGMENT :

Bharati, H. Dangre, J.

1. Public Interest Litigation (L) No. 119/2017 and other two writ petitions are being disposed of by this common judgment as the issue involved in these petitions is common. The controversy revolves around erection of hoardings by one M/s Guju Ads Private Limited, registered under the Companies Act on the land CTS No.940 and owned by the Airports Authority of India, touching the public road. The issue for consideration is whether such hoardings warrant a permission from the Municipal Corporation of Greater Mumbai (hereinafter referred to as the “MCGM”) as a Planning Authority and of the Maharashtra Coastal Zone Management Authority (hereinafter referred to as “MCZMA”).

2. PIL (L) No.119 of 2017 is instituted by a practicing Advocate, residing in Santacruz area seeking a writ in the nature of mandamus/directions to the Municipal Corporation, Greater Mumbai to remove the hoardings/sky signs erected by the Respondent No.4, an advertising Company on the land of Airports Authority of India (hereinafter referred to as the “AAI”), opposite to Hotel Palm Grove, Opp. Juhu Beach, Juhu Tara Road, Mumbai. The petition raises a grievance that the Airports Authorit

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2018 Supreme(Bom) 269

S.C.DHARMADHIKARI, BHARATI H.DANGREFarzana Khan – AppellantVersusMunicipal Corporation of Greater Mumbai, Through its Commissioner – Respondent

Cases Referred (3)

S.C.DHARMADHIKARI, BHARATI H.DANGRE
Farzana Khan – Appellant
Versus
Municipal Corporation of Greater Mumbai, Through its Commissioner – Respondent