The Bombay High Court’s recent order comes in response to contempt petitions related to its previous judgment on illegal hoardings in Maharashtra. A division bench of the Court, comprising Chief Justice Devendra Upadhyay and Justice Amit Borkar, expressed its dismay and disappointment over the blatant disregard for its previous orders, which had directed the removal of such illegal structures. It said that despite repeated warnings and assurances from the Municipal Corporation of Greater Mumbai (MCGM) and other authorities, the problem still persists. The Court observed that the situation has not improved, and in fact, worsened, with the number of illegal hoardings, banners and posters increasing exponentially across the state.
The Court also issued a slew of directions to the MCGM, other municipal corporations and the state government, aimed at curbing this menace. The directions are:
- All municipal corporations/municipal councils shall revisit their standard operating procedures and policy decisions for implementing the directions issued by the Court on January 31, 2017, in two weeks.
- The state government through the department of urban development shall convene a meeting of municipal commissioners of all the municipal corporations and the chief executive officers of all the municipal councils of the Maharashtra and issue appropriate directions for ensuring various statutory compliances required to check illegal and unauthorized hoardings, banners, flags, flexes, posters, etc., and taking appropriate action, including punitive action which may be permissible under the law.
- The executive heads of municipal corporations and municipal councils shall also issue appropriate executive circulars fixing the personal accountability and responsibility of the officers if any for violation of the statutory provisions or orders passed by the High Court on January 31, 2017, as well as subsequent orders.
- As already directed by the High Court in its order dated January 31, 2017, the district collectors of each district shall be responsible for the enforcement of the provisions of the Maharashtra Prevention of Defacement of Property Act, 1995, and the Rules framed thereunder.
- The district collectors and district heads of the police administration of the respective districts shall extend their fullest cooperation in relation to removal and prevention of erection of illegal and unauthorized hoardings, banners, flags, flexes, posters, etc.
- The director general of police of Maharashtra shall issue a circular forthwith, directing the respective heads of the police administration in the districts to provide adequate police force to the municipal authorities whenever the same is needed and demanded for ensuring compliances of the directions issued by the Court.
The Court also issued a show cause notice to all political parties, asking them to explain why contempt proceedings should not be initiated against them for defying the Court’s orders.
Earlier, the High Court’s order, dated October 9, 2024, had emphasized the need for strict compliance with its earlier directions, issued on January 31, 2017, to remove illegal hoardings and banners. In its order, the Court had noted that despite strict directions, almost all municipal corporations, municipal councils and other authorities had failed to check illegal hoardings and banners on public streets. This, the Court observed, not only causes impediments in smooth transportation, but also sometimes leads to serious and fatal accidents, resulting in loss of human life.
The Court further observed that political parties and socio-religious organizations contribute significantly to the erection of illegal hoardings and banners on public streets. To address this issue, the Court had directed all political parties to strictly adhere to their undertakings, which include not encouraging the display of illegal hoardings, banners, and posters.
The Court had also issued several directions to municipal corporations, municipal councils and other authorities to ensure strict adherence to rules relating to the erection of hoardings. These directions include undertaking a special drive for the removal of illegal hoardings and banners, providing necessary cooperation and assistance to police authorities, and convening meetings to discuss and formulate strategies for implementation.
On February 21 this year, the bench had noted that despite its efforts, the number of banners and hoardings illegally put up on footpaths and public roads had not decreased. The Court was presented with photographs showing the illegal display of such hoardings and banners on public roads, footpaths, and even covering street lights. These obstructions not only block the footpaths and roads, but also cause hazards to pedestrians and other road users, the Court observed.
The Court emphasized that no individual or group of individuals, political party, commercial organization or religious denomination can be legally permitted to use public places for personal gains and advertisements. The Court appealed to the general public and every individual and group of individuals to refrain from indulging in such activities that encourage illegalities and cause harm to others.
The Court also noted that almost all political parties had been impleaded as respondents in the public interest litigation and had filed their responses and undertakings not to indulge in such illegal activities. However, when the matter was called out, none of these respondents were represented by their counsel.
The Court ordered that the implementation of municipal laws shall be made at the ward level itself, with specific officers designated as responsible for enforcement.
The Court also directed that senior inspectors of licenses, ward officers and other designated officials shall be responsible for the implementation of provisions related to illegal hoardings and advertisements. These officials shall take immediate action to remove illegal sky signs and advertisements and shall also be responsible for registering offenses under the Defacement Act.
The judgment also emphasized the role of the police in preventing the erection of illegal hoardings and advertisements. The Court directed that police officers shall extend adequate protection to municipal staff and officials while taking action against illegal hoardings and advertisements. To ensure effective implementation, the Court directed the state government to formulate a policy for guiding municipal councils and corporations in granting permissions for displaying sky signs and advertisements. The policy shall provide that permissions shall not be granted for displaying sky signs and advertisements in a manner that distracts drivers or pedestrians.
The judgment also directed municipal commissioners and officers to exercise discretion in refusing permission to display sky signs or advertisements to political parties or leaders found guilty of displaying illegal hoardings. The Court also emphasized the need for adequate publicity to be given to the appointments of nodal officers and toll-free numbers and other modes of complaint. The municipal commissioners, chief officers, district collectors and nodal officers shall submit monthly reports to the state government, incorporating details of actions taken for implementing the judgment. The reports shall also include details of illegal sky signs or advertisements displayed by political parties or their workers.
—By Shivam Sharma and India Legal Bureau