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Bombay High Court

MUMBAI HOARDING OWNERS ASSOCIATION AND ANR.versusMUNICIPALCORPORATION OF GREATER MUMBAI AND 2 ORS

Decided
Disposal
DISPOSED OFF

Holding

The 2014 circular is superseded by the Advertisement Guidelines 2025, making the writ petition challenging it infructuous and leading to its disposal.

Summary

The Mumbai Hoarding Owners Association challenged a Municipal Corporation of Greater Mumbai circular dated 9 May 2014 that regulated hoarding advertisements. The corporation, through an affidavit, stated that all earlier circulars were superseded by the Advertisement Guidelines 2025, rendering the 2014 circular automatically cancelled, though formal cancellation was stayed due to pending litigation. The High Court examined these statements and concluded that the 2014 circular no longer had any legal effect. Consequently, the petition seeking to invalidate the circular was deemed infructuous. Both the writ petition and the related interim application were therefore disposed of by the Court.

Issues considered

  • Whether the Circular dated 9 May 2014 remains legally enforceable after the issuance of the Advertisement Guidelines 2025 which purportedly supersede earlier circulars.
  • Whether a writ petition challenging a superseded circular is maintainable.
  • Whether the interim application remains viable after the main petition is rendered infructuous.

Subjects

  • advertisement hoarding
  • municipal corporation
  • circular supersession
  • writ petition
  • administrative law
  • interim application
  • infructuous petition

Judgment

NISHA              Digitally signed by NISHA
                   SANDEEP CHITNIS
SANDEEP            Date: 2026.08.27
CHITNIS            14:40:17 +0530
                                                                  906-wp.2869.2014w.ia.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          ORDINARY ORIGINAL CIVIL JURISDICTION

                                    WRIT PETITION NO.2869 OF 2014

                Mumbai Hoarding Owners Association and Anr.      ...Petitioners
                    Versus
                Municipal Corporation of Greater Mumbai and Ors. ...Respondents

                                        WITH
                    INTERIM APPLICATION (LODGING) NO.23241 OF 2026
                                          IN
                            WRIT PETITION NO.2869 OF 2014

                M/s. Creation                                           ...Applicant

                IN THE MATTER BETWEEN:-

                Mumbai Hoarding Owners Association and Anr.      ...Petitioners
                    Versus
                Municipal Corporation of Greater Mumbai and Ors. ...Respondents

                Ms. Aakanksha Saxena with Ms. Smruti Ranade and Mr. Ayan Shah i/b
                Negandhi Shah and Himayatullah for the Petitioners.

                Dr. Dhruti Kapadia with Mr. Shailendra Sardar i/b Ms. Komal Punjabi
                for the M.C.G.M.

                Mr. Anil Shevale, Deputy Superintendent of License, is present.

                Mr. Uttam Rane for the Applicant in IAL/23241/2026.

                                                CORAM: BHARATI DANGRE &
                                                       ASHISH S. CHAVAN, JJ.

                                               DATE   : 25th AUGUST 2026


N. S. Chitnis                                                                          1/4
                                                                 906-wp.2869.2014w.ia.doc



                P.C. :
                1.          The writ petition raising a challenge to the Circular dated

                9th May 2014 issued by the Municipal Corporation of Greater Mumbai

                (M.C.G.M.) being illegal, unconstitutional, bad in law, void ab-initio

                and not binding on the petitioners deserves a disposal in the wake of

                the clear statement being made before us by the Deputy Municipal

                Commissioner (Special) designated by the BMC, in his additional

                affidavit affirmed on 21st August 2026.

                            We have specifically taken note of the specific statements

                contained in paragraphs 10 and 11 of the affidavit, which read thus:-

                     “10.         I say and submit that all Circulars / Guidelines
                                  issued prior to the Advertisement Guidelines,
                                  2025 is treated as superseded. Circular dated
                                  09.05.2014 would have been automatically
                                  cancelled/ceased to be in force after the
                                  issuance of the new guidelines. Furthermore
                                  due to this issue being subjudice before the
                                  Hon'ble High Court, it has not been possible
                                  to take a decision regarding cancellation of
                                  said Circular;

                     11.          I further say and submit that this Respondent
                                  herein been Authority of Mumbai Municipal
                                  Corporation has taken decision to cancel the
                                  Circular No. SL/01/LAD, dt. 09.05.2014 of
                                  advertisement hoardings from the terrace of

N. S. Chitnis                                                                        2/4
                                                                  906-wp.2869.2014w.ia.doc


                                   building which completes 30 years of life.
                                   However except sub section (b) of part 4.2
                                   (ii) mentioned in Policy Guidelines for display
                                   of outdoor advertisements 2025 about
                                   Hoarding of Terraces will be as it is.”


                2.          Reading of the aforesaid statements make it evidently clear

                that in the wake of the Advertisement Guidelines, 2025, the

                Corporation has adopted a stand that all existing Circulars/Guidelines

                stood superseded and the Circular dated 9 th May 2014, which is

                impugned in the present petition, would also automatically being

                cancelled, but for the pendency of the proceedings.

                            We clarify that if it is the intention of the Corporation to

                give effect to its Advertisement Guidelines 2025, and all the earlier

                Circulars/Guidelines stand superseded, we do not intend to stand in its

                way of giving effect to this understanding.

                            Accepting the said statement that the Circular of 9 th May

                2014, no longer exists in the view of the Advertisement Guidelines

                2025, in our view the writ petition has been rendered infructuous, as

                it raises a challenge to the Circular dated 9 th May 2014. The Writ

                Petition is accordingly disposed of.

N. S. Chitnis                                                                         3/4
                                                             906-wp.2869.2014w.ia.doc




                            In view of the disposal of the writ petition, nothing

                survives for consideration in Interim Application being Interim

                Application (Lodging) No.23241 of 2026. The same is also disposed

                of accordingly.




                ASHISH S. CHAVAN, J.                   BHARATI DANGRE, J.




N. S. Chitnis                                                                    4/4


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