Madras High Court Seeks Report On Demolition Of Statues Constructed In Public Places, In Contravention Of SC Directions

The Madras High Court on Wednesday directed the Chief Secretary to submit a report outlining the steps undertaken to demolish unauthorised statues erected on government lands and public places in the State, in contravention of Supreme Court directions or government notifications.

A Bench comprising Chief Justice Sanjib Banerjee and Justice P.D. Audikesavalu observed,

"The Chief Secretary should indicate the steps taken in terms of the Supreme Court directions and the manner in which statues that have been put up at public places in contravention of the directions or in violation of Government notifications issued in this State would be brought down."

The Court was adjudicating upon a PIL moved by Advocate M. Loganathan of Coimbatore against the wanton setting up of statues of political leaders on government land or at public places.

The petitioner had relied on the case of Union of India v. The State of Gujarat & Ors., SLP (C) No. 8519/2006, wherein the Supreme Court had barred installation of statues or construction of any structure in public roads, pavements, sideways and other public utility places.

"Henceforth, State Government shall not grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public street lights or construction relating to electrification, traffic, toll or for development and beautification of the streets, highways, roads etc. and relating to public utility and facilities. The above order shall also apply to all other states and union territories. The concerned Chief Secretary/Administrator shall ensure compliance of the above order", the Apex Court had ruled.

Referring to the Supreme Court order, the Bench recorded,

"The relevant order refers to previous directions issued by the Supreme Court and also provides that the implementation of the directions issued by the Supreme Court "should be supervised by the concerned High Courts". The order records that the High Courts should ensure implementation of the directions of the Supreme Court in an effective manner."

Accordingly, the Bench issued notice to the State government and also directed the Chief Secretary to file an affidavit indicating how the directions issued by the Supreme Court in this regard had been communicated to local officials of Municipalities, Corporations, Panchayats and even to revenue officials, including Collectors at the district level and Block Development Officers.

Such an affidavit was directed to be furnished within 4 weeks. The matter is slated to be heard next after 2 weeks.

In a related matter, the Karnataka High Court has also recently directed the State government to ensure compliance with the aforementioned Supreme Court decision barring construction of statutes in public places.  .

Case Title: M Loganathan v. The Chief Secretary and Ors

Click Here To Read/Download Order