Waste Disposal Sites Overwhelmed, Printing Agencies To Face Penal Action If Illegal Hoardings Not Removed Within 7 Days Of Notice: Kerala High Court

The Kerala High Court on Thursday directed the authorities designated by it to identify 'holding areas' for disposal of illegal boards, flags, and festoons erected in public places, as it was informed that the waste disposal facilities in the State are already 'overwhelmed'.

Court said after the designated authorities remove illegal hoardings to the holding areas, the printing agencies will be required to remove such hoardings from the holding areas within 7 days of issuance of notice by the Secretary of the Local Self Government Department (LSG).

Justice Devan Ramachandran warned that failure to comply with the above direction will attract penal consequences for printing agencies, in the nature of action for prosecution and recovery of amounts for the destruction of the boards in a scientific manner.

The Court added that such agencies will also be liable to license cancellation, particularly if the boards did not mention their names (in violation of its earlier directions).

Amicus Curiae Harish Vasudevan drew the attention of the Court to the issue faced in disposal of the illegal boards and other fixtures. The Additional Advocate General Ashok Cherian also conceded that it would be dangerous to take the illegal fixtures to the waste disposal yards, on account of the lack of space, and sought time to inform the Court on the measures taken to dispose the same. 

"I am slightly taken aback by the fore scenario because this Court has already ordered that any unauthorized board will have to be removed/returned to the persons/entities which install it. It has also been ordered by this Court that any board without the name of the printer should be automatically and ipso facto be construed as being illegal. There can therefore be no further doubt in this regard. However, in order to ensure that the people of this State are not further put to any consequences on account of oncoming monsoons also, I deem it appropriate to issue the following directions, which is more as a manner of clarification than as new directions," the Court observed. 

The LSG Secretary is vested with the responsibility to issue notices to the persons/entities which installed the boards/flags/festoons, and grant them not more than seven days' time to remove the same. The expenses incurred in bringing the illegal hoardings to the holding area will be remitted by the printing agency.

LSG Principal Secretary has been directed to issue a circular in this regard to all the Secretaries. It declared that the Principal Secretary shall be held personally responsible if the same was not done.

The Court today lamented that despite several Orders being issued in this matter, its directions continued to be violated. The Amicus Curiae submitted that boards/flags/festoons were still being placed by vested interests indiscriminately. Additional Advocate General Ashok Cherian instructed by the Government Pleader Shyam Prasad, on the other hand, averred that the directions of Court were being fully complied with, and the illegal boards/flags/festoons were being removed. 

It is at this juncture that the afore directions were issued by the Court. The Court expressed its concern over the oncoming monsoon, and found the directions to be necessary. 

"Do everything that is required to remove the boards. If you face any problems, come back to me,” the Court orally added. 

The Principal Secretary, LSG was directed to file an action taken report by the next posting date. The matter has been posted for further consideration after 10 days. 

Case Title: St. Stephen's Malankara Catholic Church v. State of Kerala