Bombay High Court Directs Political Parties and Authorities to Ensure Compliance with Hoarding Ban
Mumbai, 30th December 2024: The Bombay High Court has reiterated its concern over the rising menace of illegal hoardings, banners, flags, flexes, and posters across the streets of Maharashtra. The court’s order came after a series of contempt petitions were filed regarding non-compliance with its final judgment and order passed on January 31, 2017. Despite earlier assurances from the authorities, the court found that the directions had largely been flouted, allowing the issue to escalate.
In its earlier ruling, the court had directed the municipal bodies, district administrations, and police authorities to take stringent actions against the illegal erection of hoardings and other forms of public defacement. However, recent photographs submitted to the court, showing unauthorized hoardings and posters on the streets of Mumbai, highlight the ongoing disregard for the court’s orders.
Court’s Frustration with Authorities’ Inaction
The court expressed its frustration at the apparent apathy and indifference on the part of the authorities, despite repeated reminders. The photographs presented by petitioners in the case depict the continuing illegal activities that compromise both the environment and public safety. Hoardings and posters, often made from non-biodegradable materials, have been causing visual pollution and presenting hazards to pedestrians and motorists alike.
The court’s concern was compounded by the fact that political parties, despite submitting undertakings promising compliance, have continued to flout the law. As a result, the court has now issued notice to several political entities to explain why action should not be taken against them for contempt of court under the Contempt of Courts Act, 1971.
State and Municipal Authorities Under Fire
In response to the court’s concerns, the Advocate General assured that measures were being taken to address the issue. However, the court found these efforts insufficient and lacking resolve. It stressed that the scale of the problem required both preventive and punitive measures to ensure compliance with the statutory provisions and the court’s orders.
The court also pointed to the inadequate steps taken by the municipal authorities in tackling the problem, despite their primary responsibility under the Maharashtra Prevention of Defacement of Property Act, 1995. The court emphasized that the State Government, while relying on municipal bodies for enforcement, must also step up and ensure compliance across the state.
Stringent Directions Issued to Municipal Bodies and State Government
In a bid to curb the illegal hoarding menace, the court issued several new directives:
- All Municipal Corporations and Municipal Councils in Maharashtra have been ordered to revisit their standard operating procedures (SoPs) and policies related to the issue within two weeks.
- The State’s Urban Development Department must convene a meeting with municipal authorities to ensure comprehensive actions against illegal defacement.
- Personal accountability for any violation of the court’s orders will be fixed on municipal officers, with punitive measures considered for non-compliance.
- District Collectors have been tasked with enforcing the Prevention of Defacement of Property Act, with police heads instructed to provide assistance when necessary.
- The Director General of Police has been directed to issue a circular ensuring police support for municipal authorities in removing illegal hoardings.
Political Parties Warned
The court also issued a stern warning to political parties that have filed undertakings but continued to violate the orders. The court plans to take further action if deficiencies in compliance persist. Affidavits detailing the actions taken will be submitted by all Municipal Corporations and Municipal Councils by the next hearing date.
The court is set to reconvene on January 27, 2025, with the next hearing on this matter scheduled for high priority.
