The Supreme Court on Friday directed the authorities in Mumbai to ensure that no untoward incident related to hoardings takes place in the city considering that the monsoon season has arrived.
The top court was hearing a case filed by the Municipal Corporation of Greater Mumbai (MCGM) regarding the applicability of certain provisions of the Mumbai Municipal Corporation Act to horadings on Railways land.
The Vacation bench comprising Justice Sanjay Kumar and Justice PB Varale scheduled the matter for hearing next week. Pronouncing the order, Justice Kumar said that all parties concerned, including the Railways, should ensure that no untoward incident happens in connection with any hoardings, be it on Railway land or anything else. It added that whoever is in charge of whichever land, should ascertain that nothing happens at least within a week, now that the monsoons have arrived.
The matter relates to a batch of writ petitions lodged before the Bombay High Court by the Centre against MCGM and others, praying for an order restraining municipal authorities from applying Section 328 and 328A (or any other provisions) of the Mumbai Municipal Corporation Act, in respect of hoardings belonging to Railways.
The Railways also sought a declaration from the High Court that its activities on railway properties, including commercial, were not subject to the jurisdiction of Municipal Authorities.
While allowing the writ petitions, the Bombay High Court held that Sections 328 and 328A of the Mumbai Municipal Corporation Act would not be applicable to the hoardings erected by Railways on the railway as defined in Section 2(31) read with Section 197 of the Railways Act, 1989.
The High Court also observed that the Railway Administration would not be liable to pay any tax to MCGM in respect of any advertisement made on any part of Railways, unless a notification to that effect is issued by the Central Government under Section 185 of the Railways Act. Furthermore, the Railway Authorities were directed to formulate a policy for regulating the hoardings on railway properties, so as to ensure that hoardings are not erected in haphazard manner, that there is no overcrowding of hoardings and the safety of citizens is not endangered.
Disappointed by this aforesaid order, the MCGM approached the Supreme Court, and a notice was issued in the case on May 1, 2018. Later on May 7, 2023, a bench of Justice Sudhanshu Dhulia and Justice PB Varale granted leave to appeal.