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2017 Supreme(Mad) 3592

INDIRA BANERJEE, M.SUNDAR
P. S. Prabu – Appellant
Versus
Chennai Metro Rail Limited (CMRL) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:V.P. Sengottuvel, Advocate
For the Respondents:V.C. Selvasekaran, Advocate

JUDGMENT :

Indira Banerjee, J.

1. In this writ petition, by way of public interest litigation, the petitioner is challenging the tender for licensing of advertisement rights on piers and portals along the corridor I & II of phase 1 in CMRL network in BD/PIII/452/2016/1, July 2017.

2. The main ground of challenge is that prior license has not been obtained under Section 326-C of Chennai City Municipal Corporation Act, 1919 (hereinafter referred to as “said Act”).

3. Before adverting to Section 326-C of the said Act, it would be pertinent to refer to Sections 326-B and 326-BB of the said Act, which are set out herein below for convenience:

“326-B. Prohibition for erection of hoardings.-(1) No hoarding shall be erected at any place, on or after the 23rd day of July, 1998 (hereafter in this section referred to as the said date) by any person without obtaining a licence from the Commissioner.

(2) Every person who has erected any hoarding without obtaining a licence and which is in existence immediately before the said date shall apply for a licence in accordance with the provisions of this Chapter within thirty days from the said date.

326-BB. Regulation of erection of digital banners and plac


























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