Bombay HC Orders State To Take Action Against Unlawful Hoardings, Banners

The Bombay High Court (HC) has issued a directive to the state's municipal corporations and councils. They have been ordered to submit affidavits detailing the measures they have taken in the past six months against those who erected illegal banners and hoardings, including all the criminal action taken.

The court, featuring Chief Justice DK Upadhyaya and Justice Arif Doctor on the bench, was surprised by the government's plea of inability to monitor every illegal banner and hoarding. The government's argument that it should be addressed locally also surprised the bench.

The court was hearing a number of public interest lawsuits concerning the illegal use of public spaces by political parties to erect banners, hoardings, and posters throughout the state. The court had previously instructed the state administration and all local corporations on January 30, 2017, to make sure that hoardings are not erected in public areas.

The petitioners' counsel, Uday Warunjkar, informed the court that the Maharashtra government had passed the Defacement Act. The Aurangabad bench had ordered authorities to take action against persons whose names and images are placed on the illegal banners and hoardings.

On November 14, 2022, a government resolution was released, asking civic organisations to designate locations that permit hoardings. According to state attorney BG Samant, approval should only be given for specified locations. However, Samant pointed out that the biggest issue is hoarding, which occurs on holidays and birthdays.

Warunjikar suggested verifying if the formalities surrounding the filing of FIRs in these cases were followed through. He questioned whether the state had brought any criminal charges against any of the politicians whose images appeared on the hoardings or if any FIR had been fully investigated.

The court noted that illegal hoardings and banners sometimes overtake the city. The material used was sometimes dangerous for human health. The court stated that this situation cannot be justified in light of the January 2017 court ruling and the different provisions of the state-enacted Defacement Act.

The bench directed all respondents to submit updated affidavits detailing the actions taken by their individual civic organisations in order to "implement the provisions of the Defacement Act in its letter and spirit as well as to ensure compliance with the 2017 HC judgement."