Remove Unauthorized Display Boards, Hoardings, Placards Etc. From Roads Within 3 Months: Kerala High Court Directs Authorities

The Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly ordered thus while taking up a batch of petitions seeking a direction to remove the unauthorized and unwanted postures, advertisement boards, hoardings, cut outs, buntings, hangings, billboards etc., placed on public roads and streets.

While noting that plants and trees have life, the Court directed,

"Nailing of trees is done for the purpose of putting up signboards, advertisements, drawing cable wires etc. In the light of the statutory provisions, which we have extracted above, a duty is cast upon the authorities concerned, under the respective Acts, to remove the nails, and consequently, the advertisement boards, pamphlets etc."

The Court importantly remarked,

"Conservation and preservation of trees, which have life, is required to be done, which in our opinion, is also an important aspect to be taken note of by the competent authorities, to ensure that no harm is caused to the trees."

The Court, in its ruling, analyzed various acts and culled out the authorities who are statutorily bound to take action for removal of unauthorized advertisement boards on the roads, vested in them.

Further, the Court also took into account the guidelines/directions issued in the case of Shani Johnson v. Kochi Corporation and Another 2019 (3) KLT 277.

Guidelines issued by the Court in the Instant Case

In addition to the directions issued in Shani Johnson's case, the Court disposed of the instant writ petitions with the following directions:

• No poles or frames or structures for arches, boards, placards, hoardings, display boards or banners shall be erected on any highway, public road, public passage or pedestrian pathway or pavement.
• Holes caused on pavements and roads, by reason of erection of frames, poles, structures, placards, hoardings, displaying boards, banners, etc., shall forthwith be repaired.
• The Secretaries to the Government, LSGD, PWD, State Highways and Heads of Departments, shall issue appropriate instructions for effective implementation of the above said directions.
• The Principal Secretaries to the Government, Public Works Department, Local Self Government Institutions, Government of Kerala, to issue appropriate instructions to the field officers, to remove the nailing, in other words, de-nailing, make trees nail free and thereby, remove all the unauthorized signboards, advertisements, pamphlets etc. The District Collectors shall act in accordance with the orders issued in that regard.
• The Secretaries of Municipal Corporations and Municipalities in the State, directed to take steps, to identify and remove unauthorized hoardings, banners, flex boards, temporary arches, posters etc.
• Likewise, the Secretaries of the Panchayats are directed to take steps to identify and remove unauthorized hoardings, banners, flex boards, temporary arches, posters, and other similar structures.
• The concerned Secretaries are directed to supervise dismantling of outdoor billboards, unauthorized hoardings etc., which causes inconvenience to the commuters.
• The Kerala State Road Safety Authority, constituted under the provisions of Kerala Road Safety Authority Act, 2007, coordinate action on areas related to road safety among various departments, advice the Government on road safety policy, prescribe and enforce road safety standards and procedures, formulate and implement schemes / projects and programmes relating to road safety and is directed to conduct a detailed study, with the help of various District Road Safety Councils in the State, as regards the harmful effects caused on account of the outdoor hoardings / billboards, installed at various National/ State Highways and elsewhere, and submit a report to the Chief Secretary, to facilitate the State Government to regulate the hazardous outdoor hoardings / billboards.
• The Road Safety Commissioner/Transport Commissioner directed to look into the damaging effect of roadside advertisements in the light of 'Policy on Roadside Advertisements' published by the Indian Road Congress, 1992
• Cluster of wires on trees and electrical poles, be regulated by the statutory authorities and the District Collectors are directed to take appropriate action for removal as per the existing rules.
• The Commissioner of Police or the Superintendent of Police, as the case may be, shall issue directions to the concerned police personnel, who are entrusted with the job of night patrolling, including the beat marshals, to keep a constant vigil, for preventing the activity of erection/display of illegal hoardings, banners, flexes, temporary arches, posters etc., during night time.
• Report regarding removal of the above-mentioned unauthorized structures, outdoor hoardings / billboards, be submitted by the competent authorities under the respective enactments, to the District Collectors, every month.

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