Sanskaar Trading Company vs State Of Haryana And Another
2024 Latest Caselaw 19013 P&H

Punjab-Haryana High Court

Sanskaar Trading Company vs State Of Haryana And Another on 28 October, 2024

APURVA
2024.10.29 17:42
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High Court, Chandigarh
                                (Annexure P-6) from the Advertisement Branch, Municipal Corporation,

                               Gurugram, which reads as under:-

                                            "We have received complaint regarding OMD No.9400. You
                                            have installed the unipole at wrong place i.e. not on proposed
                                            location. You are directed to locate your unipole as proposed
                                            location otherwise the unipole will be uprooted and you will
                                            solely held responsible for this."
                               3.           At this stage, Mr. Baldev Raj Mahajan, Senior Advocate

                               appears on behalf of respondent No.2 - Municipal Corporation, Gurugram,

in pursuance of the advance copy of paper book having already been

supplied to him, and submits that the exact location for installation of

unipole at OMD No.9400 shall be verified by the Enforcement Officer,

Municipal Corporation, Gurugram, in the presence of petitioner and/or its

representative, within a week from today. It is submitted that in case, the

unipole is found to be existing at the correct location then it shall not be

removed, however, in case of installation of the unipole at a wrong place, the

petitioner shall have to remove the same and install it at the correct place.

4. Learned counsel for the petitioner does not dispute to the

aforesaid course of action.

5. Keeping in view the aforesaid submissions made by learned

counsel for the parties, the present writ petition is disposed of with a

direction to the Enforcement Officer, Municipal Corporation, Gurugram to

inspect the spot and verify the exact location of unipole installed by

petitioner for displaying advertisement (bearing OMD No.9400) as per the

permission granted; in the presence of petitioner and/or its representative,

within a week from today.

5.1 In case the unipole is found to be installed at the correct place

as per the permission granted to petitioner, then it shall not be removed.

However, in case the unipole is found to be installed at a wrong place then

the petitioner would be bound to remove the same and install it at the correct

place as per the permission granted to petitioner-Company.

6. The present writ petition stands disposed of in the aforesaid

terms.

7. All pending application(s), if any, shall also stand closed.