Prevent "Visual Pollution", Citizens Have Right To Pleasing Environment: Kerala High Court Orders Penalty On Unauthorized Banners

Justice Devan Ramachandran said boards and banners are unauthorizedly put up in public places by political parties, religious groups and film promoters destroy the beauty of the cities.

The Court stated citizens have a fundamental duty under Article 51A of the Constitution to preserve and maintain the beauty of the city. It also stated that an aspect of ‘Visual Pollution’ needs to be discussed and that every citizen has a right to have a pleasing environment.

“It is not merely the aspect of disposal of public waste which alone is important when we deal with the perspective as impelled in this case, but also the angle of visual pollution which is something that is greatly taken note of by the civilized world. It is the right of a citizen to have a pleasing environment and any action by the perpetrator to defy this for selfish and vested reasons is certainly an offence which must attract sufficient penalties.”

It therefore adjourned the matter with a direction to the Committees to immediately remove every board installed in violation of Court's orders from across the State imposing the maximum penalty of Rs. 5,000 per board on each of them in addition to the expenses for their removal and prosecution.

During the hearing today, Additional Chief Secretary, Sarada Muraleedharan appeared online and apprised the Court regarding the steps taken by the Corporation for the removal of unauthorized boards and banners. The Court also appreciated the efforts by the authorities in this regard.

Ms. Muraleedharan submitted before the Court that under Rule 6 of The Kerala Municipality. (Erection of arches and setting up of advertisement boards in public streets and public places) Rules, 1999, amended in 2021, a fine of Rs 5,000 can be imposed as a penalty on unauthorized boards and banners. The Court ordered that strict action would have to be taken against every individual involved in placing the boards and banners illegally.

“I am certain that the committees constituted by this Court must start imposing maximum penalties imposed under the Rules against every board. For this, the persons who affix it, who erected it, the press that created it and every other individual involved may have to be found out and ascertained….and along with FIR’s to be registered against them, steps for recovery of maximum penalties under the Rules will be initiated. “

The Court further noted that there are lakhs of boards and banners being removed from the cities and if penalties are collected by the government, it can collect crores of money. The Court noted that failure of committees to collect penalties will result in loss of public revenue which cannot be ignored. The Court noted that since penalties will be imposed and prosecution will be initiated, it would grant a time period of 7 days for persons to voluntarily remove such unauthorized boards and banners.

“Even though this Court had given sufficient time for removal of boards by persons who installed them. The factum of them still continuing on the streets would clearly show a lack of respect for the law by these persons. Normally, therefore they do not require to be given any excuse but because this Court is now passing an affirmative order, I order the committees to start action in terms of the above directions after a period of 7 days from today so as to enable every person who has installed the boards illegally to remove them voluntarily and on their own volition considering the rigour of the penalty and prosecution…"

The matter has been posted for further consideration on November, 22.

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