MASS HOLDING PVT LTD Vs. MUNICIPAL CORPORATION OF GREATER MUMBAI
LAWS(SC)-2005-10-44
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on October 21,2005

MASS HOLDINGS PVT, LTD Appellant
VERSUS
MUNICIPAL CORPN. OF GREATER MUMBAI Respondents

JUDGEMENT

Ruma Pal, J. - (1.) Leave granted.
(2.) The appellant had filed a writ petition before the Bombay High Court challenging a notice dated 26th May, 2004 issued by the respondents, calling upon the appellant to remove its hoarding as it was erected in a Heritage Precinct.
(3.) The impugned notice had been issued pursuant to an order of the High Court dated 5th May, 2004 confirming a report of the Maharashtra Heritage Conservation Committee (set up by the State Government under the Heritage Regulations, 1995 and referred to hereafter as the MHCC) filed in Writ Petition No. 1132 of 2002. That writ petition had been filed by way of public interest litigation by the added respondent herein. The writ petition had inter alia sought for an order from the High Court directing the removal of hoardings. The High Court had referred the matter to an Expert Committee set up by the High Court. The Expert Committee submitted two lists of hoardings which, according to the Committee, violated the Heritage Regulations for Greater Bombay, 1995. On 19th April, 2003, the High Court granted liberty to the owners of the hoardings to file representations before the MHCC raising any objections that they might have to the removal of the hoardings. The MHCC heard the objections of the hoarding owners and others concerned with the hoardings, and ultimately submitted a report to the High Court. The MHCC was of the opinion that various hoardings including the appellants hoardings, violated the guidelines formulated relating to heritage buildings/structures and in heritage precincts. The High Court directed the implementation of the report of the MHCC by the respondents on 5th May, 2004. Consequently the impugned notice was issued on 26th May, 2004.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.