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2014 DAILYLAW 2760 (BOM)

MUMBAI HOARDING OWNERS ASSOCIATION AND ANR. v. MUNICIPALCORPORATION OF GREATER MUMBAI AND 2 ORS

WP/2869/2014 · 2026-08-25

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Judgment text

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906-wp.2869.2014w.ia.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2869 OF 2014 Mumbai Hoarding Owners Association and Anr. ...Petitioners Versus Municipal Corporation of Greater Mumbai and Ors. ...Respondents WITH INTERIM APPLICATION (LODGING) NO.23241 OF 2026 IN WRIT PETITION NO.2869 OF 2014 M/s. Creation ...Applicant IN THE MATTER BETWEEN:- Mumbai Hoarding Owners Association and Anr. ...Petitioners Versus Municipal Corporation of Greater Mumbai and Ors. ...Respondents Ms. Aakanksha Saxena with Ms. Smruti Ranade and Mr. Ayan Shah i/b Negandhi Shah and Himayatullah for the Petitioners. Dr. Dhruti Kapadia with Mr. Shailendra Sardar i/b Ms. Komal Punjabi for the M.C.G.M. Mr. Anil Shevale, Deputy Superintendent of License, is present. Mr. Uttam Rane for the Applicant in IAL/23241/2026. CORAM: BHARATI DANGRE & ASHISH S. CHAVAN, JJ. DATE : 25th AUGUST 2026 N. S. Chitnis 1/4 NISHA SANDEEP CHITNIS Digitally signed by NISHA SANDEEP CHITNIS Date: 2026.08.27 14:40:17 +0530 906-wp.2869.2014w.ia.doc P.C. : 1. The writ petition raising a challenge to the Circular dated 9th May 2014 issued by the Municipal Corporation of Greater Mumbai (M.C.G.M.) being illegal, unconstitutional, bad in law, void ab-initio and not binding on the petitioners deserves a disposal in the wake of the clear statement being made before us by the Deputy Municipal Commissioner (Special) designated by the BMC, in his additional affidavit affirmed on 21st August 2026. We have specifically taken note of the specific statements contained in paragraphs 10 and 11 of the affidavit, which read thus:- “10. I say and submit that all Circulars / Guidelines issued prior to the Advertisement Guidelines, 2025 is treated as superseded. Circular dated 09.05.2014 would have been automatically cancelled/ceased to be in force after the issuance of the new guidelines. Furthermore due to this issue being subjudice before the Hon'ble High Court, it has not been possible to take a decision regarding cancellation of said Circular; 11. I further say and submit that this Respondent herein been Authority of Mumbai Municipal Corporation has taken decision to cancel the Circular No. SL/01/LAD, dt. 09.05.2014 of advertisement hoardings from the terrace of N. S. Chitnis 2/4 906-wp.2869.2014w.ia.doc building which completes 30 years of life. However except sub section (b) of part 4.2 (ii) mentioned in Policy Guidelines for display of outdoor advertisements 2025 about Hoarding of Terraces will be as it is.” 2. Reading of the aforesaid statements make it evidently clear that in the wake of the Advertisement Guidelines, 2025, the Corporation has adopted a stand that all existing Circulars/Guidelines stood superseded and the Circular dated 9th May 2014, which is impugned in the present petition, would also automatically being cancelled, but for the pendency of the proceedings. We clarify that if it is the intention of the Corporation to give effect to its Advertisement Guidelines 2025, and all the earlier Circulars/Guidelines stand superseded, we do not intend to stand in its way of giving effect to this understanding. Accepting the said statement that the Circular of 9th May 2014, no longer exists in the view of the Advertisement Guidelines 2025, in our view the writ petition has been rendered infructuous, as it raises a challenge to the Circular dated 9th May 2014. The Writ Petition is accordingly disposed of. N. S. Chitnis 3/4 906-wp.2869.2014w.ia.doc In view of the disposal of the writ petition, nothing survives for consideration in Interim Application being Interim Application (Lodging) No.23241 of 2026. The same is also disposed of accordingly. ASHISH S. CHAVAN, J. BHARATI DANGRE, J. N. S. Chitnis 4/4