P.C. :

1. This opinion seeks to resolve the difference that has arisen between the Hon’ble Judges constituting the Division Bench that heard Writ Petition No.10220 of 2024 on the quantum of costs to be imposed on the petitioner. In the said writ petition, an order dated 11th July 2024 passed by the Mumbai Metropolitan Regional Development Authority- MMRDA rejecting the application made by the petitioner for retention of hoardings installed by it was under challenge. By its order dated 24th July 2024, the Division Bench proceeded to dismiss the writ petition after recording a finding that the hoardings installed by the petitioner exceeded the permissible limits as laid down in the statutory guidelines. There was a consensus between the learned Judges that the writ petition was liable to be dismissed with exemplary costs. However, there was a disagreement between them as regards the quantum of costs. Hon’ble M. S. Sonak, J was of the view that imposition of costs of Rs.5,00,000/- would be appropriate. However, Hon’ble Kamal Khata, J was of the view that the costs to be imposed could not be insignificant or trivial. Costs ought to be imposed so as to act as a genuine deterrent. He was