"Political Parties Have No Respect For Court's Orders": Bombay High Court Remarks In Plea Against Illegal Hoardings, Banners
In a Public Interest Litigation (PIL) concerning the issue of illegal hoardings and banners erected by political parties in public places, the Bombay High Court expressed its frustrations over the continued violation of its earlier directions.
Remarking that the political parties do not have any respect for its orders, a division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar today said, “In earlier order, the Court had cautioned political parties and reminded them of their undertakings, however, it appears that the political parties and organisations do have respect for court's orders.”
The Court also expressed its displeasure at the Municipal Corporation of Greater Mumbai (BMC) and other municipal corporations for failing to take any concrete steps to check illegal hoardings and banners. It raised concerns that despite repeated orders, the authorities are disregarding its directives.
The CJ orally remarked “despite all such orders having been passed...the directions issued by court appeared to have fallen on deaf ears of authorities...”
The petitioners filed affidavits containing pictures of various illegal hoardings put up in Mumbai. Expressing his dissatisfaction, the CJ orally remarked, “the richest municipal corporation in the country is not acting in requirements of law and orders passed by court...what is your commissioner doing?...”
The Court thus asked the BMC's counsel to apprise the Municipal Commissioner of violations of its orders. It further asked the counsel to seek instructions on how the hoardings were erected despite its order and why no actions were taken by the municipal authorities and district police administration.
Furthermore, one of the counsel referred to an affidavit stating that the Commissioner of BMC had received a message from the Chief Minster's office around 2.5 years ago, , instructing not to remove his posters from Mumbai. At this point, the Court asked AG Birendra Sara to assist Court in the matter and to seek instructions of the said affidavit.
The case stems from a 2017 order of the Court, where it issued several directions to the municipal corporations, municipal ward officers, other bodies and commissioner of police to curb the menace of illegal hoardings installed by political parties and their workers.
On 09 October 2024, the Court revived the PIL on the issue and had directed municipal corporations, municipal councils and other local bodies to conduct a 'special drive' to remove illegal hoardings and banners on public streets, public parks and other places.
During the last hearing on 18 November 204, the petitioners had expressed apprehensions about erections of illegal hoarding once the State assembly elections results were declared. The Court had directed the State government, District heads of police and Director General of Police to take action against any attempts to erect illegal hoardings and banners by political parties and its supporters after the declaration of State assembly elections results.
It had also directed the DGP to instruct the police heads to provide the necessary police force to assist the municipal bodies in curbing the menace of illegal hoardings after election results.
Case title: Suswarajya Foundation, Satara And Anr vs. The Collector, Satara And Anr (PIL/155/2011) & Connected Matters