Surya Publicity Throu Proprietor Mr. Shankar Daware v. Pune Municipal Corporation , Pune And ANR

wp-7474.18.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7474 OF 2018 Surya Publicity ... Petitioner Vs.

Pune Municipal Corporation and Anr.

... Respondents Mr. Jaydeep Deo for the Petitioner.

CORAM : A.S. OKA & RIYAZ I. CHAGLA, JJ.

DATE :

16th JULY 2018 P.C.

.

Not on board. Taken on board.

Going by the averments made in the petition, the petitioner erected 16 sky-signs without obtaining permission as required by Section 244 of the Maharashtra Municipal Corporations Act, 1949. Out of the said 16 sky-signs, 3 have been removed. As the petitioner has erected hoardings without obtaining permission which is mandatory requirement of law, discritionary and equitable writ jurisdiction of this Court under Article 226 of the Constitution of India cannot be allowed to be invoked by the petitioner. Hence, the petition is rejected. Digitally signed by Pallavi Mahendra Wargaonkar Date:

2018.07.18 13:01:19 +0530 Pallavi Mahendra Wargaonkar (RIYAZ I. CHAGLA, J) (A.S. OKA, J)