Political Parties & Religious Organisations Contribute Most To Erection Of Illegal Hoardings & Banners: Bombay HC Issues Directions To Authorities

The Court was hearing a bunch of Contempt Petitions, which had been filed alleging non-compliance of judgment and order where a bunch of Petitions, including Public Interest Litigation were finally disposed of with various directions in connection with checking the erection of illegal hoardings and banners on the public streets and paths to the authorities.

The bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar observed, “It is common knowledge that the political parties/socio-religious organizations contribute the most to erection of illegal hoardings and banners on the public streets.”

Advocate Uday P. Warunjikar appeared for the Appellant and Advocate Shraddha Pawar appeared for the Respondent.

The Court issued directions to all the Municipal Corporations Municipal Councils and others to strictly adhere to the rules relating to the erection of hoardings, as permissible under law.

Considering the situation caused by illegal hoardings and banners on the public streets and paths, the Court suggested that a special drive needs to be undertaken by the Municipal Corporations and Municipal Councils, as well as by all concerned, including the police authorities and officers.

The Court issued the following directions:

“(a)All the Municipal Corporations, Municipal Councils and Village Panchayats shall ensure that the Rules, Circulars and Government Resolutions applicable for erection of hoardings at public places, on public streets/paths and all other places, are observed strictly.

(b)These bodies shall also ensure that in case of violation of Rules or any Law or Circulars or Government Resolutions, strictest possible action permissible under law shall be taken against the erring persons or entities, individually as also collectively.

(c) All the Municipal Corporations, Municipal Councils of all categories and Gram Panchayats are directed to undertake a special drive for removal of illegal hoardings and banners, which are found erected on public streets/paths at public places and in any other such places. The said drive may be of a duration of at least a week or ten days, period of which shall be decided by the Chief Executives of the Municipal Corporations/Municipal Councils/Gram Panchayats.

(d) During the aforesaid special drive to be undertaken by all the aforesaid bodies, all co-operation, help and assistance which may be required shall be provided by the concerned police authorities, overall responsibility of which shall lay on the Superintendent of Police of the District concerned or the Police Commissioners of the Police Commissionerate concerned.

(e) We also direct that for making the special drive for removal of illegal hoardings and banners a success, the Collectors, Sub- Divisional Officers, Tahsildars and other officers of the Revenue Administration shall take personal interest and extend their co- operation to the authorities of the Municipal Corporations, Municipal Councils and Gram Panchayats.

(f) The District Collector of the District concerned shall, for the said purpose, convene a meeting within three days from today, which shall be attended by the Chief Executives and other officers of the Municipal Corporations/Municipal Councils/Gram Panchayats, the heads of the District Police Administration/Police Commissionerate and Officers of any other Departments, which the Collector may deem fit to be invited in the said meeting. In the meeting to be convened by the Collector, appropriate strategy shall be discussed and formulated and necessary instructions shall be issued for implementation of the same to all concerned so that the special drive for removal of hoardings/banners under this order achieves its purpose.

(g) The Respondents – Corporations/Councils shall file affidavit giving details of the steps which might be taken for implementing the directions being issued under this order, by the next date of listing.

(h) The affidavit to be filed under this order shall also contain the details of the action taken along with necessary data. The affidavits on behalf of the Municipal Corporations/Municipal Councils shall be filed by the Commissioners and the Chief Executive Officers concerned personally.”

The Court listed the matter for November 18, 2024.

Cause Title: Suswarajya Foundation, Satara & Anr. v. The Collector

Appearance:

Appellant: Advocates Uday P. Warunjikar, Siddhesh A. Pilankar, Sonali R. Chavan, Jenish D. Jain, Dattaram R. Bile Adv Pradeep S. Gole, Ravindra S. Pachundkar, Mohini Priya, Vedanshi Shah, Mahalakshmi Ganapathy,

Respondent: Senior Advocate A.Y. Sakhare, Advocates Shraddha Pawar, Dilip Bodake, T.J. Pandian, Gautan, Noorjahan, R.S. Khadapkar, Rohit Sakhadeo, Pramod G Kathane, Sanjeev Sandhu, Gaurav Ugale, Shriram Kulkarni, Pooja Malik, N.R. Bubna, Rutuja Khatmode, Umesh Mankapur, Shahed Ali Ansari, Pooja Joshi Deshpande, Abhijit Adgule, Kavisha Khanna, Ajinkya Gaikwad, Vishwanath Patil, Nidhi Chavhan, Swati Sagvekar, R.Y. Sirsikar, R.V. Dighe, A.S.Rao, Anup Kamble, Aditya Raktade, Hanmant Patil, P.P.Kakade, Addl. GP O.A.Chandurkar, AGP M.M.Pabale,Shriram Mahadev Manjrekar, AGP G.R.Raghuwanshi, Aniruddha Arun Garge, Abhishek Roy and Abhijit P Kulkarni

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