Removal of illegal hoardings: Bombay HC warns state, municipal corporations with contempt action for non-compliance

The Election Commission of India sought more time and was granted time till July 31 to show compliance and has been told to file an affidavit by August 10.

The Bombay High Court on Friday warned municipal corporations and the state government stating that it would initiate contempt action against them unless there was substantial compliance to the court’s orders related to removal of illegal hoardings. “We find that most of the corporations have not complied with the court’s directions. We give one last opportunity to all parties, including the state, to file an affidavit by April 4. Thereafter, the same will be examined on April 13. If we find that substantial compliance has not been made then action under Contempt of Courts Act will be initiated,” said Justice A S Oka.

A division bench of Justice A S Oka and Justice A A Sayyed was hearing a Public Interest Litigation filed by NGO Janhit Manch alleging that political parties and their members put up illegal hoardings, banners and posters in the state. In January last year, the court had passed several orders in the matter saying that it was time for the Election Commission of India and the State Election Commission to step in, especially in terms of formulating a policy related to display of such hoardings etc.

“It will be necessary to consider whether a condition can be imposed on an association or a body seeking registration as a political party that they will not indulge in defacement of the property, which is prohibited by the Defacement Act and other provisions of the Municipal Laws governing the display of sky signs and advertisements. The other question is whether the Election Commission of India can issue necessary guidelines, which will bind the registered political parties not only during elections, but all throughout,” the court had said then.

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The Election Commission of India sought more time and was granted time till July 31 to show compliance and has been told to file an affidavit by August 10. The state government informed the court that the draft policy related to hoardings would be received from the Brihanmumbai Municipal Corporation by end of this month. “We have carried out a detailed plan in the BMC and plan to implement a similar mechanism throughout the state,” said the advocate for the state, Manish Pable.

The state government has been asked to submit its final policy related to the matter. The court also told the state to clarify if two constables were being provided per ward according to earlier court directions. “The lawyer for the petitioner should prepare a chart on the compliance affidavits filed by all parties,” the court said.

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