Bombay High Court
Roshan Space Brandcom Pvt. Ltd., ... vs The Municipal Corporation For ... on 23 March, 2023
Bench: Amit Borkar
11-wp830-2023 & connected.doc
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.830 OF 2023
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WRIT PETITION NO.834 OF 2023
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WRIT PETITION NO.835 OF 2023
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WRIT PETITION NO.831 OF 2023
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WRIT PETITION NO.832 OF 2023
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WRIT PETITION NO.833 OF 2023
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WRIT PETITION NO.881 OF 2023
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WRIT PETITION NO.879 OF 2023
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WRIT PETITION NO.876 OF 2023
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WRIT PETITION NO.878 OF 2023
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WRIT PETITION NO.873 OF 2023
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WRIT PETITION NO.870 OF 2023
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WRIT PETITION NO.859 OF 2023
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WRIT PETITION NO.875 OF 2023
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WRIT PETITION NO.856 OF 2023
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WRIT PETITION NO.853 OF 2023
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WRIT PETITION NO.850 OF 2023
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WRIT PETITION NO.872 OF 2023
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WRIT PETITION NO.869 OF 2023
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WRIT PETITION NO.847 OF 2023
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WRIT PETITION NO.844 OF 2023
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WRIT PETITION NO.858 OF 2023
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WRIT PETITION NO.841 OF 2023
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WRIT PETITION NO.837 OF 2023
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WRIT PETITION NO.855 OF 2023
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WRIT PETITION NO.877 OF 2023
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WRIT PETITION NO.852 OF 2023
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WRIT PETITION NO.849 OF 2023
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WRIT PETITION NO.880 OF 2023
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WRIT PETITION NO.874 OF 2023
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WRIT PETITION NO.871 OF 2023
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WRIT PETITION NO.846 OF 2023
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WRIT PETITION NO.860 OF 2023
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WRIT PETITION NO.843 OF 2023
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WRIT PETITION NO.857 OF 2023
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WRIT PETITION NO.854 OF 2023
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WRIT PETITION NO.840 OF 2023
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WRIT PETITION NO.851 OF 2023
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WRIT PETITION NO.848 OF 2023
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WRIT PETITION NO.838 OF 2023
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WRIT PETITION NO.845 OF 2023
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WRIT PETITION NO.842 OF 2023
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WRIT PETITION NO.839 OF 2023
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WRIT PETITION NO.836 OF 2023
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WRIT PETITION NO.882 OF 2023
Roshan Space Brandcom
Pvt. Ltd. & Ors. ... Petitioners
V/s.
The Municipal Corporation
for Greater Mumbai & Anr. ... Respondents
Mr. Samsher Gaud with Ms. Juhi Valia i/by Jayakar &
Partners for the petitioners.
Ms. Madhuri Rane for respondent no.1/MCGM.
Mr. M.G. Patil, APP for respondent no.2/State.
CORAM : AMIT BORKAR, J.
DATED : MARCH 23, 2023
P.C.:
1. Issue notice to the respondent no.1, returnable on 19th
April 2023.
2. One of the principal contention raised on behalf of the
petitioners is that the advertisement/hoarding stands on the
property owned by Railways and, therefore, the Municipal
Corporation has no power to regulate the said property as the said
11-wp830-2023 & connected.doc
property falls beyond purview of sections 328 and 328A of the
Mumbai Municipal Corporation Act, 1949.
3. In support of his submission, he has placed reliance on the
judgment of the Division Bench of this Court in Union of India
v. Municipal Corporation for Greater Mumbai in Writ
Petition No.1648 of 2017 delivered on 21st December 2017.
4. Apart from the said contention, perusal of the impugned
order indicates that the learned Magistrate has fixed stamp of
order of issuance of process, which, prima facie shows non-
application of mind.
5. Learned advocate for respondent no.1 seeks time to file reply
affidavit.
6. Stand over to 19th April 2023. To be heard along with
Criminal Writ Petition Nos.853 of 2018, 1798 of 2018, 1799 of
2018 & 2086 of 2018.
7. Till 19th April 2023, there shall be ad-interim relief in terms
of prayer clause (b).
(AMIT BORKAR, J.)
