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2011 Supreme(Guj) 396

SUDHANSU JYOTI MUKHOPADHAYA, J.B.PARDIWALA
EVEREST PUBLICITY – Appellant
Versus
MUNICIPAL COMMISSIONER, RAJKOT – Respondent


Advocates Appeared:
S. B. Vakil, Sr. Counsel with S. N. Soparkar, Sr. Counsel with Ajay S. Jagirdar, for the Appellant.
Kamal B. Trivedi, Sr. Counsel with Nishant Lalakiya, for the Respondent.

JUDGMENT

S. J. MUKHOPADHA Y A, C.J.- In all these appeals as common questions of law are involved and a common judgment and order dated 15th January, 2010 passed by the learned Single Judge is under challenge, they were heard together and are being disposed of by this common judgment.

2. The questions involved in these cases are:

(i) Whether the respondent-Rajkot Municipal Corporation (hereinafter referred to as 'the Corporation') has jurisdiction to prohibit a person from erecting hoardings on the top of private houses or on their walls, lands, etc.?

and

(ii) Whether removal of hoardings in the case of the appellants need to be preceded by a show-cause notice from the Corporation?

3. For determination of the issues, it is not necessary to discuss all the facts, except the relevant one as mentioned hereunder :

4. Before the learned Single Judge the appellants pleaded that they paid the licence-fee for erection of hoardings to the Corporation, which was duly received by the Corporation upto the accounting period years 2008-2009, and the receipts have already been issued. In the beginning of J

































































































































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