B.N.KIRPAL, USHA MEHRA
LAHORI MAL – Appellant
Versus
NEW DELHI MUNICIPAL CORPORATION – Respondent
( 1 ) THE question which arises for consideration in this writ petition is whether the respondents can impose a ban on the display of hoardings/advertisements, sign-boards and other advertisements within its jursidiction and whether any prior permission is necessary before the said advertisements are put up.
( 2 ) BRIEFLY stated the facts are that the petitioners are carrying on the business of advertising and/or are displaying/advertising various products of their customers by placing hoardings/advertisements, sign-boards, neon signs etc. at various sites. Some of the sites belong to public undertakings like the railways while hoardings/advertisements are also put at sites owned by private parties.
( 3 ) UNDER the provisions of the Punjab Municipal Act, bye-laws relating to control and regulation of advertisements were framed by the New Delhi Municipal Committee vide Notification dated 17th September, 1960. According to the respondents bye-law No. 6 thereof required prior permission of the NDMC before any hoarding/advertisement could be put up. The validity of this bye-law was challenged and the learned single Judge of this Court in the case of New Delhi Municipal
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