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HIGH COURT OF BOMBAY
A.S. CHANDURKAR, J
PAWAN ADVERTISING – Appellant
Versus
STATE OF MAHARASHTRA THR PRINCIPAL SECRETARY AND ORS – Respondent
| Table of Content |
|---|
| 1. difference of opinion on costs (Para 1) |
| 2. petitioner's argument against costs (Para 2) |
| 3. mmrda's support for higher costs (Para 3) |
| 4. court's consideration of submissions (Para 4 , 5 , 6) |
| 5. nature of remedy and costs (Para 7) |
| 6. observations on exemplary costs (Para 8) |
| 7. relevance of previous decisions (Para 9) |
| 8. basis for determining costs (Para 10 , 11 , 12) |
| 9. final decision on costs (Para 13) |
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
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