Inclusive reading of sky-sign provisions extends to petrol-pump signboards visible from the street and subject to municipal control.

Signboards on petrol-pump poles projecting over the pavement and visible from the street were treated as falling within the scope of Section 328(3) of the Mumbai Municipal Corporation Act, 1888. The provision was read as inclusive and aimed at regulating sky-signs and related installations that may affect traffic flow, public space, ecology and safety. The expressions "advertisement", "announcement" and "direction" were construed in their ordinary contextual sense and not confined to commercial solicitation. Ejusdem generis and noscitur a sociis were held not to narrow the provision unduly. The result was that the signboards were within the statutory mischief and subject to municipal action.

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Issues: Whether the respondent's petrol-pump signboards constituted a sky-sign, advertisement, announcement or direction within the meaning of Section 328(3) of the Mumbai Municipal Corporation Act, 1888, so as to require municipal permission and attract action under the Act.

Analysis: The provision defining sky-sign was held to be inclusive and intended to regulate installations visible against the sky that may affect traffic flow, road margins, public space, ecology and safety. The ordinary meaning of the expressions "advertisement", "announcement" and "direction" was applied in context, and it was held that these words are not confined to commercial solicitation alone. The signboards erected on poles overhanging the pavement and visible from the street were found to be within the statutory mischief, and the doctrines of ejusdem generis and noscitur a sociis were held inapplicable in a manner that would unduly restrict the width of the provision.

Conclusion: The signboards fell within the scope of Section 328(3) and the respondent was not entitled to protection from municipal action.

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