Right Of Every Citizen To Have A Pleasing Environment: Kerala High Court Directs Imposition Of Penalty On Every Authorized Board In Public Spaces
The Kerala High Court held that having a pleasant environment is the right of every citizen. The Court ordered the removal of all illegally erected advertisement boards and imposed a maximum penalty of Rs 5,000 per board.
The Court while listing the matter for November 22, noted that any act that undermines this right for self-centered or vested reasons must attract sufficient penalties
The Bench of Justice Devan Ramachandran observed, “It is the right of a citizen to have pleasing environment and any action by perpetrators to defy this for selfish and vested reasons, certainly is an offence which must attract sufficient penalties”.
Advocate S.Nikhil Sankar appeared for the Petitioner, Additional Advocate General Ashok Cheriyan appeared for the State, and Advocate Harish Vasudevan appeared as Amicus Curiae.
A Writ Petition was filed seeking directions against the Athiyanoor Grama Panchayath (Panchayat) and the Station House Officer of Neyyattinkara Police Station (PS) to remove all illegal installation of flex notice boards in and around the Petitioner’s shop.
The Additional Chief Secretary (ACS) notified the Court regarding the provisions of the Kerala Municipality (Erection of Arches and Setting up of Advertisement Boards in Public Streets and in Public Places) Rules, 1999, (Rules). The ACS specified that the Rules lays down certain penalties that could be imposed on each authorized board on any public space and street.
“Though I propose to write in greater detail in the judgment which I will deliver in due course, it is not merely the aspect of disposal of public waste which alone is important, when we deal with a perspective as impelled in this case; but also the angle of “Visual Pollution”, which is something to be taken grave note of by the civilized world”, the Bench noted.
The Court held that it had already constituted committees at various levels to tackle the menace of illegal advertisement boards. However, the Court expressed its displeasure with the lack of effective action taken by these committees. Therefore, the Court directed the committees to take immediate steps to remove all unauthorized advertisement boards and impose the maximum penalty on those responsible.
Accordingly, the Court listed the matter for November 22.
Cause Title: Santhosh Kumar R.S v State Of Kerala
