1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION LOD.NO.1445 OF 2008 M/s.Matra Realty Ltd. .. Petitioner Versus The Municipal Corporation of Gr.Mumbai .. Respondent Mr.Bharat Mehta for petitioner. CORAM : S.C.DHARMADHIKARI, J. DATE : 9th June 2008 P.C. . Mentioned not on Board. 2. Mr.Mehta appearing for petitioner states that the notice of present petition has been given to the respondents and he has produced acknowledgement from the Legal Department of Municipal Corporation. Mr.Mehta seeks time to file an affidavit proving service. Time granted for the same till 13th June 2008. 3. Mr.Mehta states that the urgency is that the Corporation has directed that the Board should be removed within 48 hours failing which it would be removed departmentally at the risk of petitioner. The notice is dated 31st May 2008 and despatched by R.P.A.D. which was received on 3rd June 2008. 4. In the submission of Mr.Mehta, the Corporation could not have proceeded to issue 2 subject notice without satisfying itself as to whether the Board that has been put up at site amounts to an advertisement and, therefore, provisions requiring prior permission under Municipal Corporation Act are attracted. 5. In any event, the petitioner addressed a letter to the MHADA informing them. Further, considering the project which is taken up of development at site, it is for informing the concerned about the project and about the agency undertaking the same, those involved in structural and other designings so also legal matters that, for information, the board has been put up. There is no question of any advertisement or commercial aspect being involved in the same. This is not an invitation as well to the general public to come and buy flats in the project. In such circumstances and when nobody is appearing for B.M.C. despite notice, the board be protected so that the petitioner satisfies the authorities concerned. 6. None appears although served. Considering the fact that the petitioner seeks an opportunity to make good the case in terms of their representation dated 5th June 2008 so also to satisfy the authorities that no permission under the Municipal Corporation Act is required, interest of justice would be served if the petition is disposed of by granting liberty to the petitioner to approach Commissioner/ appropriate authority of Municipal Corporation and satisfy him/her with regard to the pleas raised in the representation and the present petition. To enable the petitioner to pursue that remedy, it is directed that the Corporation shall not give effect to the notice till 17tth June 2008. All contentions of parties in respect of subject notice are kept open. Petition disposed of accordingly. 3 (S.C.Dharmadhikari, J)