Authorities Must Monitor, Prevent Illegal Hoardings From Coming Up To Ensure Safety Of Public During Monsoons: Karnataka HC

The Karnataka High Court on Monday directed authorities to ensure the safety of pedestrian and vehicular traffic in the monsoon season and not be complacent in their duty of monitoring and preventing hoardings/flexes which are put up illegally on footpaths and roads in the city of Bengaluru.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind while hearing a batch of petitions including suo-motu petition said, “Caution has to be sounded that authorities are not required to be complacent in duty of monitoring and preventing hoardings and flexes coming up illegally to ensure safety of pedestrian and vehicular traffic, in the season of monsoon. Competent authorities shall continue to monitor flexes/hoardings to ensure that they do not pose danger to the life of people specially in monsoon season, in addition to regulating the illegal putting up of the hoardings/flexes.”

The state government informed the court that Bruhat Bengaluru Mahanagara Palike (BBMP) has proposed bye-laws titled Bruhat Bengaluru Mahanagara Palike (Advertisement) Bye-Laws 2024, which will have its own regulatory and preventive mechanism to curb the illegal activities of flexes and hoardings being put up on roads and footpaths.

It was said that objections and suggestions are called for from the public on the bye-laws and after taking into consideration the same it will be notified. The court directed that the final notification so issued be placed on record of the court.

The court said, “It is expected that bye laws will inter-alia include penal stipulation which may work as deterrent and operate penal against the defaulters and wrong doers. Provisions are incorporated to bring the authorities of corporation under duty to ensure continuous monitoring of the activity of putting up illegal flexes and extra prevention against the mishaps which may occur during the seasons like monsoon because of flexes even if they are unauthorisedly put up.”

It added, “Flexes may not be permitted to be put up near the pedestrian footpaths or near places which are prone to human movement and areas which are thickly populated.”

The court also took on record the submission of the counsel for the petitioners that generally stated that the proceedings before the court have resulted in some proportionate decline in this illegal activity of putting up flexes and hoardings in the city.

The court has now posted the matter for further hearing on September 26. It clarified that expanding the scope of the PIL to the entire state will be addressed in subsequent hearings.

Case Title: Mayige Gowda And State of Karnataka

Case No: W.P. NO. 57990 OF 2017