UNION OF INDIA Vs. MUNICIPAL CORPORATION OF GREATER MUMBAI AND ORS.
LAWS(BOM)-2017-12-325
HIGH COURT OF BOMBAY
Decided on December 21,2017

UNION OF INDIA Appellant
VERSUS
Municipal Corporation of Greater Mumbai and Ors. Respondents

JUDGEMENT

B.R.GAVAI,J. - (1.) Rule. Rule is made returnable forthwith. Respondents waive service. Heard by consent of parties.
(2.) All these Petitions have been filed by the Petitioners, inter alia praying for an order restraining the Respondent - Municipal Corporation of Greater Mumbai ("MCGM") and its authorities from applying the provisions of sections 328 and 328A of the Mumbai Municipal Corporation Act (herein after referred to as "the MMC Act") or any other provisions in respect of hoardings belonging to Union of India (Railways) in any manner whatsoever. Petitioners further seek a declaration that the activities of Railways on the Railway properties, including commercial activities, which are permissible under the provisions of the Railways Act, 1989 (hereinafter referred to as "the Railways Act") including activities of agents of Railways are not subject to the jurisdiction of Municipal Authorities either under the provisions of the MMC Act or any other law.
(3.) Writ Petition No.1648 of 2017 has been filed by the General Manager of the Western Railway, whereas rest of the Petitions are filed by private entities, who are engaged in the business of advertising.;


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