Bombay HC Directs Municipal Corporations & Local Bodies To Conduct 'Special Drive' To Remove Illegal Hoardings Of Political Parties, Revives PIL

A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar was hearing contempt petitions against non-compliance with Court's order in a PIL, where it has directed municipal corporations and other local bodies to remove illegal hoardings of political parties.

On 31 January 2017, the Court 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.

The Court was of the view that reviving the PIL would be more effective in addressing the issue, rather than in contempt petition.

It stated, “The modus operandi of those involved in putting up illegal hoardings is such that adjudication of contempt petition may not be effective; what is rather needed to check such menace is continuous monitory by court which would be possible in writ jurisdiction of court and contempt jurisdiction.”

The Court issued a slew of directions to the municipal corporation, municipal councils and other authorities to remove the illegal hoardings and take action against concerned people.

The Court directed all the municipal corporations, municipal councils and village panchayats to ensure that applicable rules, circulars and government regulations for the erection of hoardings at public places, on public streets, public parks, and all other places are observed strictly. It stated that in case of violation of rules or law, the authorities must take strict action against erring persons or entities, either individually or collectively.

It directed the authorities to undertake 'special drive' for the removal of illegal hoardings and banners which have been erected on public streets and public parks. It said that such a drive should last at least a week or ten days.

The Court further said that the police authorities must provide any help or assistance required by the authorities and the overall responsibility would be on the Superintendent of Police or Police Commissioner concerned

It stated that the collectors, sub-divisional officers, tehsildars and other officers of revenue administration should extend their cooperation to the municipal authorities.

It further directed the concerned District Collectors to convene a meeting within 3 days to formulate necessary steps to curb installations of illegal hoardings.

The Court also noted that the political parties had submitted undertakings that they would not encourage any display of illegal hoardings, banners or posters. The undertaking further stated that the political parties issued circulars to their members and followers to not indulge in putting up of hoardings.

The Court thus ordered the political parties to follow with their undertakings.

“We thus direct that the undertakings given by political parties before this Court shall be strictly followed and any violation thereof will be viewed seriously.”

Case title: Suswarajya Foundation, Satara And Anr vs. The Collector, Satara And Anr (PIL/155/2011)

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