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A. S. CHANDURKAR, M. W. CHANDWANI
Sine Fine Advertising Pvt. Limited – Appellant
Versus
Municipal Corporation Of Brihan Mumbai – Respondent
JUDGMENT
A. S. Chandurkar, J. - Rule. Rule made returnable forthwith and heard the learned counsel for the parties.
The challenge raised in this writ petition is to the show cause notice dated 11/01/2023 issued by respondent No.2-Deputy Municipal Commissioner of the respondent No.1-Municipal Corporation of Brihan Mumbai principally on the ground that the said show-cause notice has been issued in a premeditated manner as it conveys the decision already taken by the respondent No.2-Deputy Municipal Commissioner without leaving anything for the petitioner No.1-Company to show cause.
2. The facts that are not in dispute are that initially on 24/06/1981 the Municipal Corporation granted no-objection to the display of two hoardings to M/s We Two Advertisers. The Company claims to have purchased the rights in that regard and on payment of monthly license fee to the Municipal Corporation, it has been operating the said hoardings since then. By virtue of having paid the hoarding fees till 31/03/2023, the company is entitled to have the said hoardings in place at least till that date. On 11/01/2023, the respondent No.2 issued a show-cause notice to the Company in which it was stated that on 14/
A show-cause notice issued with premeditation, indicating the Authority's decision, fails to comply with the principles of natural justice.
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Delay in adjudication of show cause notices is a violation of principles of natural justice.
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