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Bombay HC comes to Nokia's rescue in Thane hoardings case

The company which has put up electronic display boards at around 40 to 50 locations in Thane had moved the court challenging a notice issued by Thane Municipal Corporation.

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The Bombay High Court has restrained the Thane Municipal Corporation from taking any cohesive action against Nokia Indian Private Limited which has put up hoarding and advertisement promoting their brand at shops of its various dealers and retailers.

Division bench of Justice SA Bobde and Justice MR Bhatkar have directed the civic body to file their reply within two weeks and till then have restrained from taking any kind of action. The company which has put up electronic display boards at around 40 to 50 locations in Thane had moved the court challenging a notice issued by the corporation.

The notice issued by the Assistant Commissioner, on March 19, states that the company has put up unauthorised advertisement’s on various shops in the limits of the corporation. This is done without obtaining any proper permission from the concerned authority. The notice adds that the company has to forthwith remove these advertisements and also pay the tax/fee for the days the advertisements were put up. If the company fails to bring down the hoarding corporation would initiate criminal case and demolish the hoarding on its own and recover the cost from the company.

The plea mentioned that the company made several representations to the commissioner of corporation and other authorities. It has also been proposed to the civic body for regularising the structures by collecting the necessary fees. However, since no positive reply was received the company moved the court.

The petition prayed that the notice issued under section 244 and 245 of the Bombay Provincial Municipal Corporation (Control of Advertising and Hoardings) Rules 2003, should be quashed and set aside. Further the provisions do not apply to the company hoarding and the civic body should be directed to regularise the structures.

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