Bombay HC Directs State Civic Authorities To Undertake Special Drive To Remove Illegal Hoardings Ahead Of Assembly Elections

Mumbai: The Bombay High Court on Wednesday directed the civic bodies in Maharashtra to undertake a special drive to remove illegal hoardings and banners in the state, which are expected to increase in view of the ensuing assembly elections.

The court has also asked various political parties to abide by the undertakings given to the court that they will not put up illegal hoardings and banners. Any violation of the same shall be viewed seriously, the court emphasised.

The HC passed the direction while hearing a batch of petitions seeking initiation of contempt proceedings against civic officials and authorities for failing to comply with the 2017 HC order, directing them to ensure the state is not defaced by illegal hoardings and banners. It has also directed the authorities to take strict action against those putting up illegal hoardings.

Advocate Uday Warunjikar, appearing for the NGO Suswarajya Foundation, submitted that in view of ensuing elections, there are chances of mushrooming of illegal hoardings and banners as they will look at exploiting those last few days before Election code of conduct is enforced. He urged the court to direct civic bodies to undertake special drives to ensure such illegal hoardings are not erected.

A bench of Chief Justice DK Upadhayay and Justice Amit Borkar noted that the modus operandi of those involved in putting up illegal hoardings is such that adjudication of contempt petitions may not be effective. “What is rather needed to check such menace is continuous monitoring by court which will be possible in writ jurisdiction of court and not in contempt jurisdiction,” the bench said while reviving the original 2011 PIL by Suswarajya Foundation.

The court has also underlined that despite its repeated directions, the civic bodies have failed to check the hoardings and banners on public streets “which not only causes impediment in transport but becomes the cause of accidents leading to loss of human life”.

The court then directed the civic authorities to undertake a special drive, for a period of one week to 10 days and asked it to take “strictest possible action permissible under the law” against violators. The police authorities have been directed to extend necessary cooperation.

To make the special drive a success, the judges have asked the district collectors, sub divisional officers and other revenue officers to take “personal interest and extend cooperation”. The District collectors have been directed to convene a meeting in three days, to formulate strategies, which is to be attended by chief executives of municipal councils and gram panchayats; heads of police administration and police commissioners; and officers of any other department which the collectors deem appropriate to invite.

The municipal commissioners and CEOs of concerned civic bodies have been asked to file detailed affidavits stating the steps taken during the special drive along with necessary data.

It is common knowledge that political parities and socio-religious organisations contribute most to illegal hoardings and banners on public streets, the court underlined. The bench reminded the political parties of the undertaking submitted in the court that they shall not display hoardings, banners etc and that circulars were issued by parities to its workers not to indulge in illegal acts.

“We direct that the undertakings by the political parties shall strictly be followed and violation be viewed seriously,” the judges emphasised while keeping the matter for hearing on November 18.