Chandrahas Govind Tawde vs Chandrakant Krushnaji Ingawale — Bombay HC (2025) — LawSathi Research

Chandrahas Govind Tawde vs Chandrakant Krushnaji Ingawale — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ Petition disposed of with directions to the Corporation to conclude the notices dated 5th July, 2024 and 19th August, 2024 per due procedure; removal of the hoarding and imposition of costs on Respondent No.2 if found oversized/in defiance of permission; blacklisting process against Respondent No.2 with an affidavit undertaking; Respondent No.2 to remove the entire hoarding along with scaffolding (NOC revoked by landlord); pending Interim Application No. 1011 of 2025 disposed of as not surviving.

Issue for consideration

Whether the Corporation should take to a logical end, in accordance with due procedure, its notices dated 5th July, 2024 and 19th August, 2024 to Respondent No.2 alleging erection of a hoarding beyond the permission granted (an oversized hoarding), including removal, imposition of costs and blacklisting if violations are found.

Ratio / Principle

The Corporation is directed to ensure that the notices dated 5th July, 2024 and 19th August, 2024 are taken to a logical end by following the due procedure laid down in law.

Key takeaways

If the hoarding is found to be oversized and in defiance of the permission granted, it shall be removed and Respondent No.2 shall be imposed with costs for violating the permission.ratio¶25
If Respondent No.2 is noticed to be repeatedly indulging in such acts, steps in accordance with law shall be initiated to blacklist Respondent No.2 and restrain it from receiving further orders for erecting such hoardings.ratio¶25
After the Corporation issues notice to Respondent No.2 calling upon it to explain why it should not be blacklisted, Respondent No.2 is to show cause and file an affidavit undertaking that no such illegal hoarding will be erected in future; upon any one more instance of such illegal hoarding, the Corporation shall order its blacklisting.

Detailed headnote1 paragraphs

Bombay High Court (Ravindra V. Ghuge & Ashwin D. Bhobe, JJ.) disposed of a writ petition concerning an allegedly oversized hoarding erected by Respondent No.2 beyond the permission granted, at Thane. The Thane Municipal Corporation had issued notices dated 5th July, 2024 and 19th August, 2024 but its Advocate twice appeared without instructions. The Court directed the Corporation to take both notices to a logical end by following due procedure; if the hoarding is found oversized and in defiance of the permission, it shall be removed and Respondent No.2 imposed with costs; repeated violations invite initiation of steps to blacklist Respondent No.2 and restrain it from receiving further hoarding orders. Respondent No.2, whose NOC stood revoked by the landlord, undertook to remove the entire hoarding along with the scaffolding, and is to show cause and file an affidavit undertaking against future illegal hoardings, failing which (on any further instance) the Corporation shall order its blacklisting. Interim Application No. 1011 of 2025 did not survive and stands disposed of.

911-WP-16941-2024-(C).odt

Digitally signed by SUNNY SUNNY ANKUSHRAO ANKUSHRAO THOTE THOTE Date: 2025.12.10 10:18:22 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 16941 OF 2024 WITH

INTERIM APPLICATION NO. 1011 OF 2025

Chandrakant Krushnaji Ingawale & Anr. ...Petitioners Versus

Thane Municipal Corporation & Ors. ...Respondents

Mr. Vikram Walawalkar, Advocate for the Petitioners.

Mr. Kishor Patil i/by Mr. Pratik Rahade, Advocate for the Applicants Mr. Suryajeet R. i/by Mr. Subhashchandra Pawar, Advocate for Respondent No.1.

Mr. Sachin Dhakephalkar, Advocate for Respondent No.2.

CORAM : RAVINDRA V. GHUGE

&

ASHWIN D. BHOBE, JJ.

DATE : 9^th DECEMBER, 2025

P.C. :-

The learned Advocate for the Petitioners submits that

notices were issued twice to the Corporation and their learned Advocate.

The only issue raised by the Petitioner is that the Corporation, has already issued a notice dated 5^th July, 2024 and the last notice dated 19^th August, 2024, bringing it to the notice of

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Respondent No.2, who has erected a hoarding mentioned in the pleadings in the Petition, beyond the permission granted and which clearly appears to be an oversized hoarding.

The learned Advocate for the Corporation, who has been twice intimated, has no instructions.

We, therefore, direct the Corporation to ensure that the notice dated 5^th July, 2024 and the last notice dated 19^th August, 2024 be taken to a logical end by following the due procedure laid down in law. If it is found that the hoarding is oversized and in defiance of the permission granted, the hoarding shall be removed and Respondent No.2 shall be imposed with costs for having violated the permission granted. So also, if it is noticed that Respondent No.2 is repeatedly indulging in such acts, steps in accordance with law be initiated to blacklist Respondent No.2 and restrain it from receiving any further orders for erecting such hoardings.

The learned Advocate representing Respondent No.2 sought a pass over and submits on instructions, after the lunch recess, that the offending hoarding will be removed and since the

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Petitioner has brought to the notice of the Court that the NOC is revoked by the landlord, the entire hoarding along with the scaffolding, will be removed.

As such, we direct that, after the Corporation issues notice to Respondent No.2 calling upon it to explain as to why it should not be blacklisted, Respondent No.2 would show cause and file an affidavit undertaking stating therein that, no such illegal hoarding would be erected any time in future and if, one more instance of such illegal hoarding by Respondent No.2 is noticed, the Corporation shall order its blacklisting.

In view of the above, this Writ Petition is disposed off .

The pending Interim Application would not survive and stands disposed off .

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)

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