SUJAY ADVERTISING Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition under Art. 226 of the Constitution, the petitioner has sought for a writ or direction to respondent Nos. 1 to, 3 from offering any objection or obstruction in the erection of advertisement hoardings.

(2.) The petitioner is a registered advertising agency engaged in the business of outdoor advertiscment. In accordance with the provisions made, by the City of Bangalore, Municipal Corporation Act of 1949 (Kar. Act No. 69 of 1949) (hereinafter referred to as 'the 1949 Act'), the petitioner has obtained permission from the Corporation of City of Bangalore respondent No. 4 for erecting illuminated concrete advertisement poles inter-alia on a stretch of land adjoining the Mahatma, Gandhi Road. By its communication dated 25-9-1978 (Extt. D), respondent No. 4 has permitted the petitioner to erect 5 concrete poles on the Mahatma Gandhi Road at the placep mentioned in that communication. On the basis of the said communication, the petitioner sought to erect the advertisement poles, which was obstructed or prevented by respondent Nos. 1 to 3, for which reason it has moved this Court for appropriate reliefs.

(3.) The petitioner has asserted, that the land in between the Parade Grounds and the Mahatma Gandhi Road, is a public footpath and respondent No. 4 as its own owner, has permitted the erection of concrete poles, which cannot be interfered by respondent Nos. 1 to 3. It has assorted that on the very disputed land, there are many advertisements erected by others and the action of respondent Nos. 1 to 3 in preventing it from constructing the advertisement poles, is discriminatory.