Empress Outdoor Advertising Pvt. Ltd. v. The Municipal Corporation Of Greater Mumbai And 3 ORS

904. WP 335.17.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 335 OF 2017 M/s.Empress Outdoor Advertising Pvt.Ltd.

.. Petitioner Vs.

The Municipal Corporation of Greater Mumbai and ors.

.. Respondents Dr.Abhinav Chandrachud a/w Mr.Kishor Maru, for the Petitioner. Ms.Vandana Mahadik, for MCGM.

CORAM : NARESH H. PATIL AND M.S.KARNIK, JJ.

15th FEBRUARY, 2017 P.C. :

.

Learned Counsel appearing for the petitioner submits that MCGM issued NOC to display the subject hoardings on 08/11/2016. The Appellate Authority of the Corporation had dismissed the Appeal due to non-compliance on the ground that NOC from Estate Department of MCGM was not submitted by the petitioner. Learned Counsel, therefore, submits that as NOC was submitted in the month of November 2016, the petitioner be permitted to display the subject hoardings and the Petition be disposed of accordingly.

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904. WP 335.17.doc 2.

Learned Counsel appearing for the Corporation on instructions submits that NOC was issued in favour of the petitioner in the month of November 2016 by Estate Department, MCGM. Learned Counsel submits that accordingly, appropriate orders be passed.

3.

We have perused the impugned order annexed at Exhibit 'S'. There is no dispute now that the petitioner submitted NOC issued by Estate Department of MCGM in the month of November 2016. In the facts, on submission of NOC, nothing survives in the Petition to be decided. The petitioner would be entitled to display subject hoardings. The impugned order shall not come in the way of petitioner in view of issuance of NOC by MCGM.

4.

The Petition is disposed of.

(M.S.KARNIK, J.) (NARESH H. PATIL, J.) 2/2