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TMI Blog2002 (4) TMI 894X X X X Extracts X X X X X X X X Extracts X X X X ..... easons therefor. The respondents are said to be successor-in-title of the company known as Burmah-Shell Oil Storage & Distributing Company Limited carrying on business inter alia as a distributor of petroleum products in various parts of the country. We are concerned in this proceeding with the distribution of petroleum products from various retail outlets of the respondents, known as petrol pumps in Bombay. Within the premises of those petrol pumps, it has erected a pole with a metallic board projecting on the pavement, which board displayed the symbol of a Shell, said to be the registered trade mark of the respondent's predecessor. The height of the pole is said to be 18 ft. and the diameter of the metallic board (on which appears the Shell symbol) is said to be 6 ft. Across the symbol of the Shell appear the words 'Burmah-Shell' in letters of 3" height. All the poles and the boards erected at the respondent's petrol pump are said to be identical and most of them are illuminated at night by a small light at the top. Though, prior to 1975 the respondent applied for requisite permission under the Act for the erection of such sign boards at its various petrol pumps, on the basis of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of a facility for the motorist and the public without any invitation for patronage of the respondent's products. An earlier decision in the case of M/s Glaxo Laboratories (India) Limited came to be distinguished on the facts and held to be not applicable to the case on hand. While construing the word 'announcement' it was held that a mere imparting of an information alone will not constitute an 'announcement' and by the mere indication and information provided in the case on hand to those interested as to the location of the petrol pump, the respondent made no announcement within the meaning of the said word used in the provision. Adverting to the word 'Direction', it was observed that anything, which does not convey an imperative and mandatory message, cannot be construed to mean a `direction' and that what was conveyed by the signboard in the case on hand was a message, permissive or optional for the motorist or a member of the public to avail of or not the services rendered at the Petrol Pump. The view thus expressed was that providing an information does not constitute giving a direction to go to the petrol stations by way of enforcing any obedience. It was, therefore, held t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... blem in a manner following outside the pavement and overhanging on the roads/streets so as to make it visible against the sky from some points renders it answerable and fall within the definition of `sky-sign', as defined under Section 328 of the Act. Per contra, Mr. Dhruv Mehta, learned counsel appearing for the respondent, strenuously contended by adopting the reasoning of the judgments under challenge that having regard to the intent and object of the provision as well as scheme underlying the same, the signboards of the nature put up by the respondent cannot be held to attract the provision of Section 328 or 328A of the Act. According to the learned counsel those provisions should be construed as dealing with different forms of advertisement or any message in the nature of an advertisement and not an `announcement' or `direction', simplicitor in the nature of merely an information. It was also contended that the three words, noticed supra, were analogous to each other and must par take the colour and character of an advertisement, the intention of the legislation also being only to regulate `sky-sign' in the nature of an advertisement and not an `announcement' or `direction', s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny land, building or structure or upon or over any street, but shall not include- (a) any flagstaff, pole, vane or weathercock, unless adapted or used wholly or in part for the purpose of any advertisement, announcement or direction; (b) any sign, or any board, frame or other contrivance securely fixed to or on the top of the wall or parapet of any building or on the cornice or blocking course of any wall, or to the ridge of a roof: Provided that such board, frame or other contrivance be of one continuous face and not open work, and do not extend in height more than three feet above any part of the wall, or parapet or ridge to, against, or on which it is fixed or supported; (c) any word, letter, model, sign, device or representation as aforesaid, relating exclusively to the business of a railway company, and place wholly upon or over any railway, railway station, yard, platform or station approach belonging to a railway company, and so placed that it cannot fall into any street or public place; (d) any notice of land or buildings to be sold, or let, placed upon such land or buildings." The learned counsel appearing on either side invited our attention, at considerable length, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. It is also stipulated therein to include any balloon, parachute or other similar device employed wholly or in part for the purpose of any advertisement, announcement or direction upon or over any land, building or structure or upon or over any street. The main and salutary purpose of Section 328/328A is to regulate the installation/construction of signboards of the nature defined and envisaged therein to keep road margins and space above such margins not indiscriminately meddled with so as to affect the free movement and free flow of traffic, preserve the ecology and environment by averting and regulation to the extent required, ensuring, in public interest, adverse physiological and psyc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the context, particularly when such normal or ordinary understanding or construction conforms to and is consistent with the purpose or object of the legislation. The principles of Ejusdem Generis / Noscitur a sociis have no relevance to the case on hand and seem to have been over deployed, unnecessarily under scoring the actual or real meaning of the words in the context and purpose of their use in the statutory provision of the Act. The indication given above by emphasis supplied to some of the words used in the provision in question as well as the words 'in the nature of' an advertisement, announcement or direction would go to show that it is not a must to be that but Is enough if its 'in the nature of' that which is specified. The three words required to be construed cannot be said to admit of any one particular meaning alone but capable of being understood by their general or interrelated meaning suitable for the context. Consequently, we are not persuaded to affix our seal of approval to the manner and method of construction adopted by the High Court both the learned Single Judge and the Division Bench. In view of the above, we allow this appeal. The judgment under challenge ..... X X X X Extracts X X X X X X X X Extracts X X X X
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