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Himachal Pradesh High Court converts petition into a PIL

The Himachal Pradesh High Court recently converted a Petition into a public interest litigation, initiated Suo motu by the High Court relates to unauthorized hoardings/posters in public place.

The Division Bench of Justice Tarlok Singh Chauhan and Justice Chander Bhusan Barowalia heard a Petition filed by Anil Kumar. The Court found that one of the political parties has been made as a party respondent in the case.

The Court while observing that the public interest litigation, normally ought to be political neutral, ordered to delete the Political Party from the Petition.

“As we are more concerned with the public interest, therefore, the instant petition is treated as public interest litigation, initiated suo motu by this Court and shall now be titled as Court on its own motion vs. State of Himachal Pradesh and renumbered and registered as CWPIL _ of 2022”.

The bench appoint Sh. Shubam Sood, Advocate, as amicus curiae in the case.

The issue raised in this petition relates to put up hoardings in public places, however, the Bench have noticed that there had been large scale defacement of public property and, therefore, the Court directed the personal presence of Superintendent of Police, Shimla, as also Commissioner, Municipal Corporation, Shimla.

Dr. Monika Bhutungru, Superintendent of Police, Shimla, informed the Court that, as many as three FIRs have since been registered and the matter is otherwise under investigation.

As regards, Ashish Kohli, Commissioner, Municipal Corporation Shimla, informed that notices to the violators have been issued and unauthorized hoardings/posters are being removed.

The Bench appreciate the prompt action taken by both the Officers, however, the Bench expected that the work of removing unauthorized hoardings/posters, as also preventing defacement, as initiated, will continue even without the intervention of the Court.

Matter is listed on 15th June, 2022 for further hearing.

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