- (1.) Leave granted in both the Special Leave Petitions. Having regard to the common issues involved in the two appeals and the connected applications, they were taken up for hearing together.
(2.) The respondent herein, Dr. Anahita Pandole, filed Writ Petition no.1132 of 2002 before the Bombay High Court for relief mainly against the Municipal Corporation of Brihan Mumbai and its authorities in granting licences for mobile hoardings, purportedly in violation of the provisions of Sections 308, 328 and 328A of the Mumbai Municipal Corporation Act, 1888, Section 116 of the Motor Vehicles Act, 1988 and the provisions of the Maharashtra (Urban Areas) Preservation of Trees Act 1975. The writ petition appears to have been filed on account of the writ petitioner's concern regarding the destruction of flora and fauna and the environment of Mumbai, the damage to heritage buildings in the city and also the prejudice purportedly caused to the safety of pedestrians and motorists in Mumbai. By the writ petition, the respondent no.1 sought the intervention of the High Court to put a check on hoardings, which according to the respondent no.1, had proliferated alarmingly in the city of Mumbai.
(3.) In the writ petition, the respondent no.1 herein challenged the permission granted to various advertising agencies for display of hoardings in breach of the guidelines framed by the Municipal Corporation of Brihan Mumbai under Sections 328 and 328A of the Mumbai Municipal Corporation Act, 1888, hereinafter referred to as "the 1888 Act", and the provisions of the other enactments mentioned hereinabove. In fact, the writ petitioner also challenged the provisions of the guidelines which had been framed on the ground that they were contrary to the provisions of the aforesaid enactments.;