Delhi High Court seeks accountability from Delhi Govt, MCD and Police over poor enforcement of anti-defacement law

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The Delhi High Court has issued notices to the Government of the National Capital Territory of Delhi (GNCTD), the Municipal Corporation of Delhi (MCD), and the Delhi Police while hearing a Public Interest Litigation (PIL) that seeks stricter implementation of the Delhi Prevention of Defacement of Property Act, 2007.

The petition accuses the authorities of failing to prevent the widespread use of unauthorised posters, banners, and hoardings across the city, which deface public spaces and violate the law.

The PIL was filed by the Jan Seva Welfare Society through its president, Ajay Aggarwal, who alleged that despite having a well-defined legal and policy framework, the government and its agencies have not taken meaningful steps to control property defacement in Delhi.

The petition pointed out that unauthorised posters and advertisements appear routinely on public buildings, flyovers, and even heritage structures. It also highlighted instances during the elections of the Shree Agrasen North-Ex Welfare Society, which manages the Maharaja Agrasen Hospital in Rohini, where banners and posters were allegedly put up without permission and yet no corrective action was taken by the authorities concerned.

Taking note of the issue, a division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela directed the MCD to submit an affidavit explaining the steps taken over the past year to enforce the anti-defacement policy.

The Court also instructed the Delhi Police to furnish details of prosecutions launched under the Delhi Prevention of Defacement of Property Act during the same period. Copies of these affidavits are to be shared with the petitioner before the next hearing.

The Court observed that similar matters are brought before it almost every year, which demonstrates the authorities’ continued lack of initiative. The judges remarked that government agencies should not wait for judicial intervention each time but should act independently and proactively to ensure the proper enforcement of the law. The bench expressed its dissatisfaction with the authorities’ approach and reiterated that it was their statutory duty to implement the Act and maintain the cleanliness and visual integrity of the city.

The Delhi Prevention of Defacement of Property Act, 2007, prohibits the display of posters, hoardings, and banners on public or private property without prior authorisation. It also empowers the municipal authorities and police to remove illegal displays and prosecute those responsible. However, despite several previous directions from the courts, enforcement has remained inconsistent.

The petition contends that this continued inaction not only violates the rule of law but also causes visual pollution and damages the aesthetic character of the capital. It emphasised that repeated judicial orders over the years have failed to bring lasting change, as the authorities have neither developed a consistent monitoring system nor imposed accountability on erring officials.

The High Court’s intervention in the matter has once again drawn attention to the city’s ongoing struggle with unregulated public advertising. Legal observers believe that the Court’s direction to seek detailed affidavits from both the MCD and the Delhi Police signals a shift towards greater accountability. The bench is expected to review the authorities’ responses at the next hearing, scheduled for February 11, 2026, and may issue further directions based on their compliance.

The case is seen as a test of how seriously civic and law enforcement agencies treat their obligations under the anti-defacement law. Many citizens and urban activists have long argued that strict implementation of the Act is essential not only to preserve Delhi’s public spaces but also to promote a sense of civic discipline and environmental responsibility.

By calling for transparent reporting and proactive enforcement, the High Court has sought to ensure that the city’s governance bodies act with consistency and urgency rather than relying on judicial intervention each time the issue arises.