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2024 DIGILAW 1116 (SC)

RD Advertisers v. Municipal Corporation of Brihan Mumbai

2024-11-08

B.V.NAGARATHNA, PANKAJ MITHAL

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ORDER Leave granted. 1. We have heard Shri C.U. Singh, learned senior counsel for the appellant and Shri Balbir Singh, learned senior counsel for the respondent at length and perused the impugned order. 2. During the course of submissions, it was brought to our notice that as against the order dated 17.12.2016, the appellant herein had filed an appeal on 18.01.2017, which is pending even till date. It is also brought to our notice that pursuant to the order passed by the High Court, the hoarding itself has been removed by the respondent/Corporation. It is also brought to our notice that the appellant herein would have to make application(s) seeking license to put up a new hoarding and to seek all further permissions for display of advertisements. 3. It is also submitted that having regard to order dated 17.12.2016, fresh application has been made for license to put up a hoarding and also to display advertisement. Learned senior counsel submitted that having regard to the strong observations made by the High Court which were wholly unnecessary, the case of the appellant has been prejudiced inasmuch as the High Court has also observed that order dated 17.12.2016 is valid and there is no infirmity in the said order. As a result, the appellant has been prejudiced in the appeal, which is still pending before the Appellate Authority. 4. Learned senior counsel appearing for the respondent/corporation submitted that pursuant to the impugned order, the hoarding itself has been removed and therefore, the only remedy that is left with the appellant herein is to prosecute the appeal against order dated 17.12.2016. 5. In the circumstances, we dispose of this appeal reserving liberty to the appellant herein to prosecute the appeal filed as against order dated 17.12.2016. The same shall be considered as expeditiously as possible. 6. It is needless to observe that if a request is made to the Appellate Authority to adjudicate the appeal expeditiously, the same shall be considered in accordance with law and the appeal shall be disposed of expeditiously after giving a reasonable opportunity to the parties and a speaking order shall be passed thereon. 6. It is needless to observe that if a request is made to the Appellate Authority to adjudicate the appeal expeditiously, the same shall be considered in accordance with law and the appeal shall be disposed of expeditiously after giving a reasonable opportunity to the parties and a speaking order shall be passed thereon. It is further noted that having regard to the observations made by the High Court, we find that the appeal filed by the appellant herein against the order dated 17.12.2016 must be considered on its own merits and without any reference to the observations in the impugned order of the High Court. 7. In the event, the appellant is successful in the appeal filed against order dated 17.12.2016, all consequential orders in favour of the appellant shall follow. The order on cost of Rs.2,00,000/- is set aside. 8. This appeal is disposed of in the aforesaid terms. Pending application (s) shall stand disposed of.