MASS HOLDINGS PVT. LTD. versus MUNICIPAL CORPORATION OF GREATER MUMBAI AND ANR.
The Court held that the Mahalaxmi Precinct is a listed Heritage Precinct as evidenced by the list and annexed maps under the Maharashtra Heritage Regulations, 1995 and directed removal of hoardings was lawful as per regulations.
- Parties
- Appellant: MASS HOLDINGS PVT. LTD.; Respondents: MUNICIPAL CORPORATION OF GREATER MUMBAI AND ANR.
- Jurisdiction
- India
- Judgment Date
- 21 October 2005
- Procedural Posture
- Civil Appeal / Appeal From Bombay High Court Judgment Dated 21.7.2005 in W.p. No. 3354 of 2004
- Outcome
- Appeal dismissed
- Legal Topics
- Removal of Hoardings, Heritage Regulations, Interpretation of Heritage List
Case Brief
Summary, issues, holding and outcome
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Parties
MASS HOLDINGS PVT. LTD.
Appellant
MUNICIPAL CORPORATION OF GREATER MUMBAI AND ANR.
Respondents
Procedural Posture
Civil Appeal / Appeal From Bombay High Court Judgment Dated 21.7.2005 in W.p. No. 3354 of 2004
Legal Issues
- 1 Whether Mahalaxmi Precinct is a listed Heritage Precinct under the Maharashtra Heritage Regulations, 1995
- 2 Whether removal of hoardings from the precinct is lawful
Ratio Decidendi
The Court held that the Mahalaxmi Precinct is a listed Heritage Precinct as evidenced by the list and annexed maps under the Maharashtra Heritage Regulations, 1995 and directed removal of hoardings was lawful as per regulations.
Court Disposition
Appeal dismissed
Orders
- Interim order vacated; appellant given liberty to remove hoardings within 10 days, failing which respondents may act on notice.
- Operation of order stayed until MHCC decides representation for 'no objection' to hoarding.
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