BOMBAY HIGH COURT DEMANDS ACTION PLAN ON ILLEGAL HOARDINGS DURING GANESH CHATURTHI
Category: Public & Regulatory
「 ✦ Content ✦ 」
These illegitimate structures erected by political and religious factions contravene local advertising laws and equally bear hefty dangers to human lives. The need to manage this issue cannot be over-emphasized, especially during events such as Ganesh Chaturthi, where there is a likelihood of increased erection of unauthorized hoardings.
BACKGROUND
The problem of illegal hoardings is not new to Maharashtra especially Mumbai as general political parties and many local organizations pass banners and posters on roadsides without proper permits. The Bombay High Court has made many orders in past to regulate this practice and has ordered the civic bodies to take necessary actions against the offenders. But during other phases, especially the festive seasons such as Ganesh Chaturthi, the unauthorized hoardings shoot up, leading to the blockage of traffic movement, eyesore, and threats to public safety.
The permission for the erection of hoardings in Maharashtra has legal provisions under the Maharashtra Municipal Corporation Act of 1949 where hoardings have to be approved by the local bodies. Nonetheless, many groups circumvent these regulations and this has led to a number of court interferences.
KEY ASPECTS
Action Plan Requirement: The court has passed directions to the Maharashtra government, the municipal corporations, and other local authorities as to the course of action required to be taken to prevent hoardings during the Ganesh Chaturthi festival. Your protection strategy must also encompass preventive measures, an early monitoring system, and severe consequences for perpetrators.
2. Public Safety Concerns: In its ruling, the High Court noted that hoardings are commonly erected in contravention of the laws and Authorisations and hence constitute a nuisance in that they intrude into the public space and block traffic or encroach on the road reserve thereby affecting placement of road signs; and pose a danger in instances when acts of God such as heavy rains or wind occur. Most of these hoardings are placed around congested area, disorder and endangering the lives of persons passing by.
3. Past Non-Compliance: The court appeared unsatisfied with the non-compliance of the civic bodies to written orders received from the court about demolishing the illegitimate hoardings. However, the menace re-emerge multiple times, which is an indication that the law is not well implemented.
4. Role of Political and Religious Groups: The court also noted that these hoardings are put up by political parties and religious organizations more often during festivals. The court established that no group is immune to the word of law and urged for severe consequences to all violators.
5. Collaborative Efforts: The need to further coordinate between the police, municipal corporations, and local administration in addressing this problem was underlined. It also recommended the authorities launch civic education to educate the public on the legal processes of erecting hoardings and the consequences of infringing the laws.
CONCLUSION
Another major step was the recent call of the Bombay High Court for the action plan on the matter of Ganesh Chaturthi which means that there will be a push for the solution to the problem of unauthorized advertisements which became a major issue in recent years. There are legal mechanisms that prohibit the putting of unlawful hoardings but they are not enforced and therefore cases of unlawful hoardings have been seen during festivals. The clear direction provided by the court shows the people that safety as well as the law is paramount to lights and political billboards. However, the question remains how actively the government and local bodies would implement the directions passed by the court and whether this will lead to a proper environmentally clean, and least pollution during the Ganesh Chaturthi festival.
OLQ is a Pan-India basis law firm connecting legal expertise nationwide.
WRITTEN BY: PAYAL DEVNANI
GUIDED BY: ADVOCATE ANIK
