Disposed

Janhit Manch through Its President v. Brihanmumbai Municipal Corporation and 16 Ors.

Bombay HC26 Feb 2016SCNW/9/2016

Case brief

AI extract

What is this about?

A single-paragraph order discharging a contempt notice against multiple respondents in a PIL concerning illegal hoardings. The court accepted apologies and undertakings and accepted voluntary donations as specifically fulfilling requirements.

What did the court decide?

The contempt notice was discharged by accepting apologies, undertakings, and voluntary donations.

Janhit Manch through Its President Vs… — Constitutional and Fundamental Rights | Bombay HC (2016)

ospil37

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SHOW CAUSE NOTICE NO.9 OF 2016 IN
CONTEMPT PETITION NO.82 OF 2010 IN
PUBLIC INTERREST LITIGATION NO.37 OF 2010

¶5

Janhit Manch and others...Petitioners
vs.
Brihanmumbai Municipal
Corporation & Others...Respondents

¶6

None for the petitioner

¶7

Mr.A.Y.Sakhare, Senior Counsel with Ms Geeta
Joglekar for respondent Nos.1 and 2

¶8

Ms Geeta Shastri, Addl. G.P. for respondent No.3-
State

¶9

Mr.Sayaji Nangare for respondent Nos.10 and 16
Mr.Amrendra Mishra for respondent No.11

¶10

Mr.R.J.Singh i/b Legal Liasons for respondent No.12
Mr.S.G.Karandikar for respondent Nos.10 to 15 in
S.C.Notice No.9/2016

¶11

Mr.S.N.Nagpurkar for respondent Nos.2,3,4,6, 7,8 and
9 in S.C.Notice No.9/2016

¶12

Mr.V.P.Sawant for respondent No.2 in S.C.Notice
No.9/2016

¶13

Mr.Santosh Wagh i/b B.K.Barve & Co. for Republican
Party of India

¶14

CORAM : A.S.OKA, &
 C.V.BHADANG, JJ.
 DATE : FEBRUARY 26, 2016
P.C.:

¶15

1The Respondent No.12 (Ashish Shelar) to the
show cause notice dated 11th January 2016 has
tendered his affidavit dated 25th February 2016. He
has reiterated what he has stated by him in his
earlier reply dated 8th February 2016 that the
illegal hoardings/banners/posters containing his
photographs were displayed without his knowledge.
He has stated in the affidavit that he has taken
action against the erring party workers. Copies of

¶16

2 ospil37

¶17

the show cause notices calling upon the party
workers who have indulged in illegal hoardings are
also annexed to the said affidavit. He has stated
that on getting response from the said party
workers, appropriate suitable action will be taken
against them which will desist them and other party
workers from displaying illegal hoardings/ banners/
posters without permission in future. He has stated
in the affidavit that he has sternly warned the
party workers that if this action is repeated by
them, they will be immediately suspended. There is
an affidavit cum undertaking filed by the noticees
Nos. 2,3,4,6,7,8 and 9 (Anaji Gurav, Naval Shevale,
Susham Shevale, Manish Shah, Paresh Shah, Arnav
Joshi and Viral Trivedi) tendering unconditional
apology for unmindful act committed by them.

¶18

2The learned counsel for the respondent No.12
Ashish Shelar has tendered three bankers' cheques
drawn on the Jankalyan Sahakari Bank, Sion Branch
(065932, 065934, 065933 in the sum of Rs.1,50,000/-,
25,000/- and 20,000/- respectively in favour of the
Chief Minister's Relief Fund, the Commissioner of
BMC and the Chief Minister's Relief Fund
respectively. The learned counsel for Shri Shelar
states that the amounts are being paid voluntarily
on behalf of the party workers whose affidavits are
referred earlier. The amount of Rs.25,000/- is paid
to the Mumbai Municipal Corporation towards the
expenditure incurred on the removal of illegal
hoardings.

¶19

3 ospil37

¶20

3The aforesaid cheques are handed over to the
learned counsel for the petitioner in PIL 155/2011
to enable him to forward the same to the concerned
party and obtain receipts.

¶21

4The Contemnors/noticees Nos.10 to 15 have filed
an affidavit tendering apology and giving an
undertaking not to indulge in the display of the
illegal banners, hoardings and posters etc. The
learned counsel representing the said respondents
have tendered across the bar three banker's cheques
in the sum of Rs.20,000/- each drawn on Punjab
National Bank bearing nos.567029, 326785 and 326782
respectively in favour of the NAAM Foundation. He
has also tendered across the bar two other banker's
cheques in the sum of Rs.20,000/- (Cheque No.02817
drawn on ICICI Bank) and in the sum of Rs.20,000/-
(Cheque No.9431 drawn on Kapol Co-op Bank). He has
tendered a cheque in the sum of Rs.40,000/- (Cheque
No.104024 drawn on Janta Sahakari Bank). All the
bankers' cheques are in favour of NAAM Foundation.
The said cheques are handed over to the learned
counsel for the petitioner in PIL No.155 of 2011 to
enable him to present the same to the NAAM
Foundation and obtain receipts.

¶22

5In view of the apology tendered and in view of
the undertakings as well as voluntary donations,
Contempt Notice is discharged by accepting the
apology as well as undertakings.

¶23

(C.V.BHADANG,J.)

Janhit Manch through Its President v. Brihanmumbai Municipal Corporation and 16 Ors.

Case brief

What is this about?

What did the court decide?

Janhit Manch through Its President v. Brihanmumbai Municipal Corporation and 16 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Shri Dakornath Jagannath Bakshi and Ors. Vs Shri Anil Narayan Joshi

Madhukar Deoman Patel and Ors. Vs Malegaon Municipal Corp. and Ors.

M/S. Y.T. Divadkar Vs Union of India through the General Manager and Ors.

Aminuddin Saeed Vs the Municipal Corporation for Greater Mumbai and 5 Ors.and Razzak Ahmed Shaikh and 9 Ors(Applicants

Aminuddin Saeed Vs the Municipal Corporation for Greater Mumbai and 5 Ors. and Sayeda Waqar and 13 Ors. (Applicants)

Aminuddin Saeed Vs the Municipal Corporation for Greater Mumbai and 5 Ors. and K.D. Sankulker and 11 Ors. (Applicants)