Commissioner considering 3-month extension for putting up Marathi signboards on shops: BMC tells Bombay HC

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The Brihanmumbai Municipal Corporation (BMC) Friday informed the Bombay High Court that a department in the civic body has sent a proposal to the BMC Commissioner seeking a three-month extension to put up Marathi signboards in Devanagari script on shops and establishments in the city.
The BMC counsel sought a week’s time to consider the proposal and convey the Commissioner’s decision, which the court accepted. After the petitioner association, The Indian Hotel and Restaurants Association (popularly known as AHAR), sought interim protection from coercive steps till the next hearing, the BMC opposed the same. The bench did not grant immediate interim relief but granted liberty to the petitioners to approach the court in case of any coercive action.
On July 5, the bench had asked BMC to respond to a plea by AHAR seeking a six-month extension to put up Marathi signboards in the city. The bench had said if the petitioner organisation succeeds, penalties levied against it can be refunded, subject to outcome of the petition.
A division bench of Justices R D Dhanuka and M G Sewlikar was hearing AHAR’s plea argued through advocate Vishal Thadani, stating that it had challenged the validity of the initial deadline of May 31 fixed by the civic body.
As per the petitioner, BMC had prescribed new requirements for changing signboards under the Section 36A of the Maharashtra Shops & Establishments (Regulation of Employment and Conditions of Service) Act and the amendment issued by it did not prescribe a fixed time period. However, the civic body announced a deadline of May 31 through newspaper advertisements and notices were issued to the establishments.
The petition claimed that failure to abide by the requirement within the deadline would attract a penalty up to Rs 5,000 and therefore it should be protected from such a fine till the hearing of the plea.
The BMC recently extended the deadline for mounting Marathi signboards at all shops to June 30. It said it will survey the city for 8-10 days and take action against those who do not comply with the order.
On Friday, advocate Dhruti Kapadia told the bench that the proposal for three-month extension was sent by its shops and establishments department to the Municipal Commissioner on Thursday and one week’s time be given to consider the same. She opposed petitioner’s request and urged the Court to not grant any interim relief to petitioners as the proposal was being considered in a “positive way”. The bench posted the matter for further hearing to July 20.
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