"Illegal Activities Of Placing Hoardings In Streets Continue Unabated": Karnataka HC Seeks Explanation From BBMP & Bengaluru Police
The Karnataka High Court issued notice to the State of Karnataka, Bruhat Bengaluru Mahanagara Palike (BBMP), and Bengaluru Police in suo moto proceedings to address the issue of unauthorised flexes and hoardings illegally displayed on public roads.
The Court took suo moto cognizance of a news article published in a newspaper describing the “menace” of the illegal activities of placing the hoardings in the streets. The Bench questioned BBMP and the Bengaluru Police as to why they should not be booked for the contempt of court for not caring to comply with the Court’s earlier order. The Court had earlier directed the State of Karnataka, BBMP, and Bengaluru Police (respondents) to ensure the implementation of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981 (the Act).
A Division Bench of Chief Justice N.V. Anjaria and Justice K.V. Aravind observed, “In the facts and circumstances of the case, in addition to the notice and the present suo motu proceedings, the Court is inclined to seek answer from the said two authorities as to why they should not be booked for the contempt of court. Therefore, notice shall also include to the said two authorities, namely, the Commissioner of BBMP and the Commissioner of Police, Bengaluru to explain to the Court as to why the proceedings under the Contempt of Courts Act, 1971 should not be initiated against them.”
Advocate GR Mohan appeared for the petitioner, while HCGP Shanthi Bhushan H represented the respondents.
Earlier, the PILs were filed back in 2017 and 2018 flagging the issue of the illegal placement of flexes and hoardings on the roads of the City which become an obstruction to the traffic and the pedestrians who use the footpath and the roads.
“This Court takes suo motu cognizance of the aforesaid news item in the newspaper…Firstly, the illegal activities of placing the hoardings in the streets and elsewhere continues unabated. Not only that, they amount to brazen disregard of the orders passed by the Court. It could hardly be said that the respondent-authorities are not aware about the orders of the Court which are operative in the pending public interest petitions…the very fact that the BBMP had to remove lakhs of such flexes or advertising hoardings show that, scant regard is shown for implementing the orders of the Court. The menace, as rightly titled, continues and it continues in violation of the Court’s order,” the Court noted.
The Court stated that its earlier order provided that if the hoardings, flexes, banners and advertisements continued to be erected, it would entail the cost of Rs.1,00,000/.
Despite the “deterrent directions,” the Court noted that it was evident that the authorities did not care to comply with the Court’s order. The Bench stated that the situation reflected in the news article showed the continued activity of placing the illegal hoarding and called in a “conduct contumacious” on the part of the respondents.
Consequently, the Bench issued notices to the BBMP and Bengaluru Police demanding an explanation for their non-compliance and considering contempt proceedings under the Contempt of Courts Act, 1971.
Accordingly, the High Court listed the matter for further hearing on July 26, 2024.
Cause Title: Sri. Mayige Goda v. State Of Karnataka & Ors.
Appearance:
Petitioners: Advocate GR Mohan
Respondents: HCGP Shanthi Bhushan H; Advocate NK Ramesh