Mr. Dayaram S/O. Shantilal Rathod And Another v. The Nagpur Municipal Corporation, Thr. Commissioner, Nagpur And ORS.

1 904-WP803-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO. 420 OF 2025 WITH WRIT PETITION NO. 803 OF 2025 (DAYARAM SHANTILAL RATHOD (HUF) & ANR...VS..THE NAGPUR MUNICIPAL CORPORATION & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dr. T.D. Mandlekar a/w. Ms Gayatri Sharma, Advocate for Petitioners. Shri M.J.Khan, A.G.P. for Respondent Nos.1 & 2. CORAM : ALOK ARADHE, CJ AND ANIL S. KILOR, J.

DATED : FEBRUARY 27, 2025.

CIVIL APPLN.NO.420/2025 1.

Heard.

2.

Taking into consideration the nature of the prayer, it is allowed.

3.

The necessary amendment be carried out forthwith.

4.

The Civil Application stands disposed of accordingly.

W.P.NO.803/2025 1.

Heard on the question of admission.

2 904-WP803-2025 2.

In this writ petition, the petitioner has assailed the validity of E-tender Advertisement Nos. 733 and 734, dated 03/12/2024 issued by Nagpur Municipal Corporation for grant of 'Sky-Sign rights' to erect the advertising hoardings on the land owned by Nagpur Municipal Corporation in City of Nagpur and to direct the respondents to issue instructions to the subordinate officials for effective implementation of the "Outdoor Advertising Policy, 2001".

3.

The learned counsel for the petitioners submits that the petitioner is a resident of Shankar Nagar and three advertising hoardings namely at Site No.47, 48 and 49 are being put-up in front of the house of the petitioner. It is further submitted that Rule 5 of the Maharashtra Municipal Corporation (Regulation and Control of Display of Sky-signs and Advertisement) Rules, 2022 places a restrictions, which are placed on display of hoardings and advertisement. While making a reference to paragraph 9 of the directions contained in the order dated 20th July 2000 passed in Writ Petition No. 4175 of 1999 by a Division Bench of this Court in Golchha Advertising Agency and others ..vs.. State of Maharashtra, it is contended that the Corporation cannot install hoardings/ advertisements/sign boards on the footpaths, shoulders of the roads or touching the electrical wires.

4.

In view of the aforesaid submission, issue notice to the respondents, returnable after four weeks.

3 904-WP803-2025 5.

Shri N.S.Rao learned A.G.P. entered appearance and waives service of notice for the respondent No.3.

6.

List for analogous hearing along with Writ Petition No. 54 of 2024.

(ANIL S.KILOR,J) (CHIEF JUSTICE) RRaut..