A Division Bench of the Bombay High Court has asked the Indian Railways to inform the court whether the due permission was taken from the Brihanmumbai Municipal Corporation (BMC) before putting up hoardings on railway premises..The bench of A.S. Oka and C.V. Bhadang JJ. passed this direction while hearing a petition filed by Dr. Anahita Pandole. Yesterday, Senior Advocate Joaquim Reis appeared for the civic body, submitting that the BMC had sent notices to the Railways regarding these illegal hoardings. It was the BMC’s contention that these advertisements were illegal under Section 328 A of Mumbai Municipal Corporation Act, 1888..In reply, the Railways had threatened the arrest of BMC officials if these hoardings were touched. The railways had also threatened to sue for damages. Reis also submitted that there were a total of 293 illegal hoardings on premises belonging to the Central Railways, and 194 on the Western Railway’s property..Railways’ counsel Suresh Kumar submitted that these hoardings are on railways’ property, and the railways have the authority to put up these hoardings..To which the court replied,.“If this is the railways’ stand, we will issue directions to pull down each and every hoarding on railway premises and they could be reinstalled only after due process is followed.”
A Division Bench of the Bombay High Court has asked the Indian Railways to inform the court whether the due permission was taken from the Brihanmumbai Municipal Corporation (BMC) before putting up hoardings on railway premises..The bench of A.S. Oka and C.V. Bhadang JJ. passed this direction while hearing a petition filed by Dr. Anahita Pandole. Yesterday, Senior Advocate Joaquim Reis appeared for the civic body, submitting that the BMC had sent notices to the Railways regarding these illegal hoardings. It was the BMC’s contention that these advertisements were illegal under Section 328 A of Mumbai Municipal Corporation Act, 1888..In reply, the Railways had threatened the arrest of BMC officials if these hoardings were touched. The railways had also threatened to sue for damages. Reis also submitted that there were a total of 293 illegal hoardings on premises belonging to the Central Railways, and 194 on the Western Railway’s property..Railways’ counsel Suresh Kumar submitted that these hoardings are on railways’ property, and the railways have the authority to put up these hoardings..To which the court replied,.“If this is the railways’ stand, we will issue directions to pull down each and every hoarding on railway premises and they could be reinstalled only after due process is followed.”