SUSWARAJYA FOUNDATION Vs. COLLECTOR, SATARA

JUDGEMENT

(1.) These Public Interest Litigations have been filed essentially for bringing to the notice of the Court that in all major cities in the State there are large number of illegal banners, hoardings, posters, digital flexes, arches etc. displayed mainly by the political leaders/workers. Occasions for such display are birthdays of political leaders, appointments made of the political leaders to a particular post, alleged achievements of the political leaders. There are posters and banners displayed for welcoming the political dignitaries to various cities. There is a display of banners, posters, flexes, Arches etc by the political leaders for conveying good wishes on account of religious festivals. Apart from illegalities committed by political leaders/workers, there are others who indulge in such illegalities.

(2.) The issues raised relate to the implementation of the provisions of the Maharashtra Municipal Corporations Act,1949 (for short 'the said Act of 1949'), the Mumbai Municipal Corporation Act,1888 (for short 'the said Act of 1888'), the Maharashtra Prevention of Defacement of Property Act,1995 (for short 'the Defacement Act') and other municipal laws. Considering the important issues involved, these petitions need final hearing. Accordingly, we issue Rule. The parties who are represented in these petitions before this Court waive service of notice through their respective Advocates.

(3.) Before adverting to the factual aspects, a reference will have to be made to the provisions of the said Act of 1949. Section 244 of the said Act of 1949 reads thus: