Bombay HC Orders BMC To Report On Action Against Illegal Hoarding During Ganesh Festival

The Bombay High Court on Wednesday asked the Brihanmumbai Municipal Corporation (BMC) to file an affidavit giving details of action taken against illegal hoardings during the Ganpati festival. 

A bench of Chief Justice DK Upadhyaya and Justice Amit Borkar issued the direction while hearing a batch of petitions, including those filed by Satara-based NGO Suswarajya Foundation and city-based Janhit Manch, seeking action against illegal hoardings. 

During the hearing, Advocate Siddhesh Pilankar, appearing for Suswarajya FOundation pointed out to the court that despite 2017 HC directions, illegal hoardings continue to flourish. He cites examples of various hoardings which were put up for the Ganesh festival which concluded on Tuesday. “A lot of illegal hoardings were placed from Lalbaug - Dadar onwards,” said Pilankar. He added that despite the strict directives by the high court, the number of hoardings have not reduced. 

A bench of Chief Justice DK Upadhyaya and Justice Amit Borkar said it shared the petitioners’ concern. “We share your concern. Tell us what to do?” asked CJ Upadhyaya. 

Pilankar said that as per the HC order, the civic bodies have to file regular compliance reports. He pointed out that various political parties had filed their affidavits that they will comply with the HC directive regarding not putting up hoarding,but are not abiding with the same. “Suo Suo motu (on its own) contempt notices have been issued to political parties,” Pilankar said. 

The bench then asked BMC counsel on action taken by the corporation. Sakhare informed that they have taken action during the Ganesh festival but were unable to file a report due to paucity of time. “Action was taken during Ganpati festival, but we couldn't file the report as the festival concluded less than 24 hours back,” Sakhare said. He added that they had 24 teams which would start in the morning and would remove illegal hoardings. He said he would give the data on action taken. 

Sakahre too informed that the political party leaders had filed the affidavit asserting that they would ask party workers to refrain from putting up illegal hoardings. The bench noted that none of the political parties were represented in the court on Wednesday. “Today everyone is absent,” the bench remarked. 

Directing the BMC to file an affidavit providing details of action taken, the HC has kept the matter for hearing on October 9. 

Highlights

On January 31, 2017, the HC had passed a detailed 97-page judgement. It laid down guidelines for installing billboards, while underlining that the civic officials will be responsible to check on illegal hoardings, including political banners.

The HC had directed the state government and all municipal corporations to ensure that no illegal hoardings are put up in public places.

As the order has not been implemented in “letter and spirit”, contempt petitions have been filed by Suswarajya Foundation and others, urging strict implementation of the verdict as well as guidelines laid down by the government.