Bombay HC slams govt, BMC for not removing illegal hoardings; Orders to take strict action after the election

Mumbai: The Bombay High Court on Monday slammed the Maharashtra government and civic bodies in the state for not taking “seriously” its directives to curb illegal hoardings and banners.

Emphasizing the environmental hazards posed by the use of plastic and other non-biodegradable materials in such shields, the court emphasized that it would be the “personal responsibility” of a senior official of the relevant authority — including municipal bodies and police officials — to fulfilling the requirements of his order.

The court also ordered the public bodies to conduct another special campaign to remove illegal advertising posters after the announcement of the election results, considering the possibility of a surge of such banners after the elections.

The High Court was hearing a series of petitions seeking contempt of court against civil servants for failing to comply with a 2017 order directing them to prevent desecration of the state with illegal hoardings and banners. On October 9, the court revived the PIL on the issue, stressing the need for constant monitoring.

During the preliminary hearing, the court ordered all the civic organizations in Maharashtra to conduct a week-long special drive to dismantle the illegal hoardings, the number of which is expected to increase due to the upcoming assembly elections.

The court also called for the “strictest possible action permitted by law” against violators and ordered top officials — municipal commissioners in corporations and chief executives in councils — to submit affidavits detailing actions taken against illegal banners.

On Monday, public advocate Neha Bhide informed the court that all civic bodies had conducted special drives. Nagar Ward Municipal Councils have taken action against 7,729 illegal hoardings, levying fines of Rs 316,800 and filing three FIRs against the violators. A total of 294 affidavits were filed by municipal councils and 129 by civic bodies, including the municipal corporations of Mumbai, Pune and Nashik.

However, a bench comprising Chief Justice DK Upadhyaya and Justice Amit Borkar noted that none of these affidavits had been filed by top officials of the civic bodies.

The High Court reiterated the need for special incentives for post-election results to curb the rise of illegal gatherings. The judges observed: “Lawyers in unison expressed their concern over the menace of illegal hoardings and banners, which are taking on an ugly appearance in all municipal corporations and councils after the declaration of election results.” They tasked the authorities to be vigilant and ensure a swift check on attempts to erect illegal hoardings immediately after the election results.

The court reminded the political parties of their earlier commitments not to erect illegal shields or banners. “Almost all political parties have undertaken not to put up illegal shields or banners. However, considering what is happening on the ground, these illegal hoardings and banners put up by these parties are being taken into court. The parties are reminded that any violation may have serious consequences,” the judges warned.

The HC directed all civic bodies to submit detailed reports of action taken against illegal hoardings to the state government, which in turn should compile and submit them in a tabular and comprehensive format.

Noting that these signs often use plastic and other non-biodegradable materials, the court observed: “Considering the dangers of illegal signs or banners, which more often than not involve the use of plastic or other similar non-biodegradable substances, we can observe that any – any violation of the instructions contained in this order is the personal responsibility of the commissioners/general directors, collectors of district administrations and police institutions, including the KP, the director of municipal administration and the chief secretary of the Urban Development Department.”

The hearing of the case is scheduled for December 9.