M. C. MEHTA Vs. UNION OF INDIA & ORS.
B.N. KIRPAL, V.N. KHARE
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Held the order passed by Supreme Court was quite clear and had been correctly understood by all concerned and authorities-Application for clarification of order consequently rejected. ORIGINAL JURISDICTION : Writ Petition (C) No. 13029 of 1985 Etc.
Roadside Hoardings-Consequential disturbance to safe traffice movement- Order dated 20th November 1997 passed by Supreme Court-Directions given therein by Supreme Court for removal of road-side hoardings-Steps taken by authorities pursuant to order passed by Supreme Court-Application filed by Delhi Outdoor Advertisers Association for clarification and modification of order-Contention that order enables the authorities to act arbitrarily held not correct
PETITIONER: M. C. MEHTA Vs. RESPONDENT: UNION OF INDIA & ORS. DATE OF JUDGMENT: 10/12/1997 BENCH: B.N. KIRPAL, V.N. KHARE ACT: HEADNOTE: JUDGMENT: with WP (C) 9300/82, 939/96, & 95/97, & IA 7-8/11-13 in WP (C) 13029/85 O R D E R IA No. 11 The application stands disposed of. IA No. 12 This application is made by Delhi Outdoor Advertisers Association. The prayer in the application is for clarification/modification of the order dated November 20, 1997 in so far as it relates to the direction given therein for the removal of all hoardings which are on road-sides and which are a disturbance to safe traffic movement. Having heard Shri G.Ramaswamy, learned senior counsel for the applicant, and the learned amicus curiae, we are satisfied that this application must be rejected. We have perused the notice published by the Commissioner of M.C.D. warning all advertisers/owners of hoardings in Delhi to remove such hoardings and also the notices issued thereafter as result of non-compliance of the notice by some persons. We are satisfied that the steps taken are in the proper direction to identify and remove these hoardings. Shri G.Ramaswamy submitted the order enables the authorities to act arbitrarily and to remove any hoarding at their will which should not correct. The order made by this Court on November 20, 1997, which was duly publicised has directed in the order itself publicity through the electronic media and is