Act swiftly on unauthorised flags, banners at societies, public places: HC to BMC
Court says BMC ought to have acted with due diligence while acting on a 2023 complaint made by a resident of Sion area in central Mumbai against political flags raised illegally on the compound wall of the housing society without prior permission of the BMC.
Bombay HC told BMC that there has to be some mechanism to impose a penalty (on errant parties). (Express File Photo)
The Bombay High Court on Tuesday said that the Brihanmumbai Municipal Corporation (BMC) shall act with alacrity when flags, including political flags and banners, are displayed at private and public places, including housing societies, without taking due permission of the civic body.
It said that the BMC ought to have acted with due diligence while acting on a 2023 complaint made by a resident of Sion area in central Mumbai, who is an armed forces veteran, against political flags raised illegally on the compound wall of the housing society without prior permission of the BMC. It asked the corporation to decide the petitioner’s application seeking action against the errant.
A bench of Justices Revati Mohite-Dere and Neela K Gokhale was hearing a plea by Captain (retired) Haresh Gaglani, an activist, veteran of 1971 war and resident of Narottam Niwas cooperative housing society in Sion (West). The plea alleged inaction by police authorities and BMC on his complaint pertaining to five flags being put up in November 2023 on the front side of compound wall that faces the road.
As per the plea filed through advocate Darshit Jain, Gaglani said that on November 19 that year, he noticed five political flags were put up illegally by one Abhishek Sawant in violation of the Maharashtra Prevention of Defacement of Property (MPDP) Act.
Gaglani sent a legal notice to the society and also wrote an email to the Assistant Commissioner of BMC’s F-North ward on November 20, 2023 seeking to remove the flags as well as punishment for the errant raising them.
He also approached the State Police Complaints Authority seeking an FIR be registered against persons responsible. However, due to civic and police authorities’ inaction, he was constrained to file writ petition in HC. Jain argued that the authorities did not take timely action.
In response, Ganesh Mudale, senior inspector (licence) of BMC’s F-North ward, stated in an affidavit that displaying flags, temporary or permanent, without written permission is not allowed. BMC removes such illegally displayed flags and banners as per a March 2013 circular. The BMC added that while permissions are generally not granted for premises of corporations, governments and public places and roads, exemptions apply for certain government or civic events. Moreover, visible flags or banners erected on any private premises require the NOC of the landowner or society.
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During elections, Ganpati festival, and Navratri, permissions are granted as per guidelines. The affidavit further said daily drives are conducted across 24 wards to remove illegal displays, and residents can report violations via BMC’s social media, portal, or toll-free number 1916.
“There has to be some mechanism to impose a penalty (on errant)…Everything looks good on paper sometimes. But what is the action (response) time? Their (errants’) purpose is achieved. You (BMC) have to remove it when they put it up. You know when it is put up. If you are not, you’re turning a blind eye then. They (complainants) have undergone suffering or trauma. Whatever is the trauma, if authorities deal with alacrity, private individuals do not have to resort to this (filing petition),” the court orally remarked to the BMC.
Advocate Drupad Patil for BMC tendered an apology on behalf of the concerned ward officer for not complying with past HC orders and for not acting with due diligence. He said that Gaglani’s petition will be considered as representation and appropriate steps will be taken within four weeks after hearing everyone concerned.
The court noted that while there is a mechanism to deal with complaints, the civic body “should act with alacrity” and disposed of the plea.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
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