MUNICIPAL CORPORATION OF GREATER BOMBAY versus BHARAT PETROLEUM CORPORATION LTD.

Citation: [2002] 2 S.C.R. 860 · Decided: 02-04-2002 · Supreme Court of India · Bench: DORAISWAMY RAJU · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
MUNICIPAL CORPORATION OF GREATER BOMBAY 
v. 
BHARAT PETROLEUM CORPORATION LTD. 
APRIL 2, 2002 
B 
[DORAISWAMY RAJU AND ASHOK BHAN, JJ.] 
Municipalitie_s: 
Mumbai Municipal Corporation Act, 1888-Sections 328, 328(3) and 
C 328A-Scope of-Erection of signboard-Whether covered by the provisions-
Courts below held not covered-On appeal-Held, covered since the 
interpretation of the prov.is ions by courts below was defeating the very purpose 
and a'im of the enactment-Section 471. 
D 
Interpretation of Statutes-In construing the provisions of a statute or 
the words ot language used, natural or ordinary meaning thereof should be 
given effect to with reference to the context-Construction subserving the 
purpose of the enactment must be adopted 
, 
Doctrines-'Ejusdem generis' and 'Noscitur A Sociis ~-Mean_ing of-
E Discussed 
Words and Phrases: 
'Advertisement', 'Announcement' and 'Direction'-Meaning of in the 
context of Section 328(3) of Mumbai Municipal Corporation Act, 1888. 
F 
Respondent erected a pole with sign boards displaying its registered 
Trade mark projecting on the pavement at its various Petrol Pumps without 
the permission of the appellant-Corporation. Permission was not taken on the 
belief that the boards were not an advertisement requiring permission u/ss. 
328- and 328A of Mumbai Municipal Corporation Act, 1888. Appellant-
G Corporation initiated criminal proceedings against the respondent u/s 471 r/ 
w Ss. 328 and 328A of the Act. 
.. 
H 
Respondent filed writ petition before High Court seeking directions 
against the appellant-Corporation to withdraw or cancel the.complaints. 
Single Judge of the High Court allowed the petition holding that the 
860 
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MUNICIPAL CORPN. OF GREATER BOMBAY v BHARAT PETROLEUM CORPN. LTD. 
861 
boards did not amount to 'advertisement' because the same was for the A 
purpose of direction as to the location of the Petrol pump; the same also did 
not amount to 'announcement' because mere imparting of an information 
alone would not constitute an 'announcement' and that it also did not amount 
to 'direction' because the same was merely a permissive or optional message 
and anything which did not convey an imperative and mandatory message 
would not mean a 'direction'. 
B 
On appeal Division Bench of the High Court upheld the judgment of 
Single Judge holding that the board did not amount to 'advertisement' since 
there was no commercial exploitation underlying the same, and the words 
'announcement' and 'direction' also partake the nautre of advertisement by C 
virtue of Rule of ejusdem generis and noscitur a sociis because these words 
were general in their sweep and followed the word 'advertisement'. 
In appeal to this Court, appellant contended that the signboard would 
fall within the definition of'sky-sign' u/s 328 of the Act; and that High Court's 
construction regarding the scope of Sections 328 and 328A and of the words D 
'advertisement', 'announcement' and 'direction' did not constitute the correct 
and proper interpretation. 
Allowing the appeal, the Court 
HELD: 1. On consideration of the approach and methodology of the. E; 
construction adopted by the High Court , it is evident 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 any beyond their context, defeating to a great .extent the 
very purpose and aim of enactment of the provision by the legislature. 
[868-EJ F 
2. High Court adopted a hyper-technical approach with regard to the 
meaning of the words 'Advertisement', 'Announcement' and 'Direction' used 
in Section 328(3) of the Act In common parlance, 'Advertisement' means to 
make publicly known an information by some device and to draw or attract G 
attention of public/individual concerned to such information. It need not 
necessarily be to sell only or solely for commercial exploitation. Likewise, 
'Announcement' also normally means any and every effort or enterprise and 
attempts made to make known a thing or the existence of a thing openly or 
publicly. Similarly, the word 'direction' in the context of users of the road or 
motorists on the road should invariably only mean, to show the way or path H 
0 
862 
SUPREME COURT REPORTS 
[2002) 2 S.C.R. 
A towards an object or point or indicate the route for a destination. A direction 
in a particular context may even be an instruction simplicitor to guide and 

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