HC rejects petition to remove hoardings ‘blocking light’ to bungalow

The Bombay High Court rejected a petition filed by a resident of Juhu Vile Parle Development Scheme, who argued that hoardings around her bungalow were blocking light and ventilation. The court stated that there was no apparent violation of rules and suggested pursuing a civil suit.

MUMBAI: The Bombay high court (HC) on Thursday rejected a petition filed by a resident of Juhu Vile Parle Development (JVPD) Scheme in which the petitioner Farhat Shaikh contended that four big hoardings put up around her bungalow were blocking light and ventilation and thus they should be removed.

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The division bench of justice Gautam Patel and justice Kamal Khata, noted that the hoardings were put up on an adjacent plot and since there was no apparent violation of any rules, it could not pass an order on the writ petition filed by the resident.

Shaikh had moved HC in 2018 for directions to the Brihanmumbai Municipal Corporation (BMC) to cancel licences granted to four advertising agencies for erecting four hoardings near her bungalow and take steps to remove the hoardings.

She contended that the hoardings entirely block the passage of natural light, air, ventilation and views to her residence and infringe upon her fundamental right enshrined under Article 21.

Shaikh had sought removal of the hoardings also on the grounds of violation of civic rules regarding the erection of hoardings - plot sizes on which the structures were put up, distance between two hoardings, material used for the same etc.

The court, however, found nothing to support the allegations of violation of the civic rules.

As regards her contention about blocking of light and ventilation to her bungalow, the court said that the issue cannot be examined in writ jurisdiction and the petitioner will have to pursue other legal remedies like filing of a civil suit.