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2002 (4) TMI 894 - SC - Indian LawsAction against the respondent under Section 328 or 328A of the Mumbai Municipal Corporation Act, 1888 as amended (hereinafter referred to as "the Act") in regard to their sign boards of petroleum pumps. Held that:- On a careful consideration of the approach and methodology of the construction adopted by the High Court, we are of the view that serious infirmity was allowed to be crept into the process due to unwarranted and unjust dissection of Section 328 (3) of the Act and import into the words meanings totally uncalled for and beyond their context, defeating to a great extent the very purpose and aim of enactment of the provision by the legislature. The statutory definition of the expression 'sky-sign' ordains it to mean, any word, letter, model, sign, device or representation in the nature of an 'advertisement', 'announcement' or 'direction', supported on or attached to any of the things specified upon or over any land or building or structure in a manner visible against the sky from some point in any street and to be also inclusive of all and every part of such pole, post, standard frame work or other support. Coming to the ordinary meaning of the words noticed by the High Court, 'Advertisement', 'Announcement' and 'Direction' used in the statutory provision under consideration, we find the High Court to have adopted a hyper-technical approach, altogether. In common parlance, 'advertisement' means to make publicly known an information by some device and to draw or attract attention of public/individual concerned to such information. It need not necessarily be to sell only or solely for commercial exploitation. The consequences of our allowing the appeal and ordering the dismissal of the writ petition filed by the respondent would result in the restoration of the proceedings instituted before the Criminal Court for prosecuting the respondent under Section 471 of the Act or with a liberty to institute or pursue the same further. The fact that the respondent succeeded before the learned Single Judge and the Division Bench would at any rate go to show that the respondent had no culpable or guilty mind to violate or evade compliance and that the respondent seems to have entertained a genuine belief that they are not bound by the provisions contained in Section 328/328A of the Act.
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