Illegal hoardings: Bombay High Court requests that the petitioner provide the BMC Commissioner's comments in an affidavit

The statement of Municipal Commissioner Iqbal Chahal requesting that officers of the Brihanmumbai Municipal Corporation (BMC) not take down any Eknath Shinde posters, hoardings, or banners was requested by the Bombay High Court on Friday. Several Public Interest Litigations (PILs) concerning the issue of illegal banners, hoardings, and posters posted by political parties throughout the state, which according to the pleas, defaced public places, were being heard by a division bench of Chief Justice Dipankar Datta and Justice MS Karnik. The state government and all municipal corporations were instructed by the HC to make sure that no unauthorised hoardings were erected in public areas in 2016.

 

Manoj Shirsat, an attorney for one of the petitioners, informed the court about a newspaper story that purported to include a directive from the BMC Chief instructing Municipal staff not to take down any banners or hoardings of the Chief Minister. The judges stated that they could not base their decisions on media stories and requested that Shirsat affidavit the same. "You (Shirsat) write an affidavit recording this piece," CJ Datta said. Then, we will request a response from the government.

 

The state administration also submitted a report detailing the measures it has taken to combat illegal hoardings and making recommendations for additional measures. The government has proposed that it might impose harsher penalties and fines on offenders, mark off areas where hoardings may be erected, hire private companies to keep an eye out for illegal hoardings and compile a database of hoarding licences.

 

It suggests that the Maharashtra Prevention of Defacement of Property Act, 1995 provisions be appropriately amended so that strict liability can be imposed on offenders and the authority to compound offences can be granted to the responsible Police/Municipal officers, much like the provision in the Motor Vehicles Act.

 

Additionally, it has been suggested that instructions be provided to Municipal corporations, councils, and other relevant authorities to hire private organisations to monitor the issue of unlawful hoardings in a manner similar to how Regional Transport Authorities tow vehicles. The court kept the PILs for further hearing on September 12 and entered the report into the record.

 

 

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