Mr. Tushar A. Ande And ANR. v. Pune Municipal Corporation

67 wp 11159-16=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

WRIT PETITION NO. 11159 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders None for the Petitioner.

CORAM : A.S.OKA & SMT. VIBHA KANKANWADI, JJ.

DATE : 14th JUNE, 2017 P.C.:

.

None for the Petitioner.

By this petition under Article 226 of the Constitution of India, the Petitioner has taken an exception to the notice dated 21st July, 2016 issued by the Pune Municipal Corporation calling upon the Petitioner to remove an advertisement hoarding on the ground that the same has been constructed without obtaining permission. The only contention of the Petitioner is that there is a deemed permission granted under Section 244 of the Maharashtra Municipal Corporations Act, 1949.

On the perusal of Section 244, we find that there is no such deeming fiction in the said Section. Sneha Chavan 1/2

67 wp 11159-16=.doc Hence, there is no question of entertaining the Writ Petition. It is rejected.

(SMT. VIBHA KANKANWADI, J.) (A.S.OKA, J.) Sneha Chavan 2/2