Sign Board Right
gagandeepsingh.bagga
(Querist) 17 February 2010
This query is : Resolved
Dear all,
I have filed a suit with a fact that my sign board area has been encroached by the neighbours so that i cnanot display my sign board on my roof. Moreover, they have also displayed their sign boards in an illegal manner i.e. more than 2.5 sq mtr without being a registered user.
Reagarding this a complain was filed to MCD.
Court has ordered that unless 2 months notice period is lapsed for MCD, court cannot do anything as its is statuory law.
My question is how can a person run a shop without a sign board and wait for 2 months notice tenure.
It clealry infringes the right of the plaintiff to run his shop.
Is there any remedy for this or any judgements which can be produced in front to the court and justice can be obtained for the plaintiff?
gagandeepsingh.bagga
(Querist) 17 February 2010
Dear all,
I have filed a suit with a fact that my sign board area has been encroached by the neighbours so that i cnanot display my sign board on my roof. Moreover, they have also displayed their sign boards in an illegal manner i.e. more than 2.5 sq mtr without being a registered user.
Reagarding this a complain was filed to MCD.
Court has ordered that unless 2 months notice period is lapsed for MCD, court cannot do anything as its is statuory law.
My question is how can a person run a shop without a sign board and wait for 2 months notice tenure.
It clealry infringes the right of the plaintiff to run his shop.
Is there any remedy for this or any judgements which can be produced in front to the court and justice can be obtained for the plaintiff?
R.R. KRISHNAA
(Expert) 17 February 2010
Every statutory law has a exemption to facilitate speedy justice. Certainly there must be a provision to dispense with the 2 months notice period. You please verify the relevant act/rules or take assitance from MCD senior officials to verify the existence of any rules for dispensing the notice period of 2 months.
gagandeepsingh.bagga
(Querist) 17 February 2010
Thank you so much for this prompt reply. I will look upto the current updates of law and if there is anything which need to be discussed again, will disturb you. Once again thanx.
Manish Singh
(Expert) 17 February 2010
it seems that you filed a suit against the MCD thats why notice under sec 80 CPC was required. still you can ask the court, after satisfying the court with valid reasons, to dispense with the notice period.
but i shall advise you to go for suit for inunction against the person who has been causing problems in your signboard instead of going against the mCD.
gagandeepsingh.bagga
(Querist) 17 February 2010
u are right judge took a plea of sec 80. Court also told me that in the next hearing MCD will take the plea of this section by its virtue i will dismiss the suit.
So, is there any statutory alternative for this,if yes, please guide me.
Thanks.
Parveen Kr. Aggarwal
(Expert) 17 February 2010
Notice under section 80 of CPC is not at all required to be served on MCD because MCD is neither a State Govt. nor the Union of India. MCD is a local body (corporation) and section 80 CPC does not apply at all. The notice under the Act whereunder MCD is established may have been required but kindly verify that in most of the Municipal Acts prior notice for suit for injunction is not at all required.
gagandeepsingh.bagga
(Querist) 18 February 2010
Is a prior notice required to be served to the MCD, before filing the suit for Mandatory Injunction?
Though, section 80 of CPC requires it to be served, but,MCD being a local body (corporation) does not fall under this category.
Can anyone tell me which section of MCD says that a strict prior notice has to be given before instituting a suit?
Fact: a sign board area has been echroached and plaintiff is not able to earn his bread and butter due to absence of sign board for its publicity.
Manish Singh
(Expert) 18 February 2010
i do not agree with the views hat MCD does not fall under the category of state. the MCD being an organ of a state definitely comes under the term state.
also, apart from section 80 cpc, there are express provisions under the Delhi municipal corporation act for serving a notice of two months. you can refer the act and you will the express provisions thereunder. also, if you want to dispense with the said requirement, you must satisfy the court that there is an urgent need thus the Court must do away with the said notice period. its the discretion of the court thereunder.
gagandeepsingh.bagga
(Querist) 18 February 2010
There is a question of plaintiff's right to work. The bread and butter of plaintiff is dependent of the shop.
Now, should a person wait till 60 days so that once the tenure expires then only he would be able to insititute the suit and then display the sign board.
Does this not violates's the plaintiff's right to work, directly?
Right to work, i belive is certainly a matter of urgency, which should be dealt with a speedy manner.
Finally, Will MCD not considered as autonomous body, free from sate affairs?
Please throw some light on these questions also?
Obliged for all you time, "Manish".
Manish Singh
(Expert) 18 February 2010
Dear Mr. Bagga,
the answer to your question has been provided u/s 478 (3) of the DMC act. please refer the said section and also, the same can be cited to the judge since relief you are asking shall be an injunction.
the MCD, like any other government organ, is an autonomous body but this does not separate MCD from the state affairs.
also the definition provided under the constitution for "state" includes local authorities too.
and your cause surely comes under a satisfactory reason for the court to dispense with the notice period.
gagandeepsingh.bagga
(Querist) 18 February 2010
Thank you so much Manish.
I really appreciate your efforts towards me.
Obliged.
Manish Singh
(Expert) 18 February 2010
Dear Sir,
thanks for the good words but please dont be obliged. we are here to help each other and it was my pleasure that I turned out a bit helpful for you.
Manish
gagandeepsingh.bagga
(Querist) 18 February 2010
In that case, please do not use the word "Sir" for me.
Just "Gagan" is sufficeint.
And, yes thanx for that friends invitation, certainly i had to accept it as it came from a wonderful person who is now my friend "Manish".
Cheers!!!
