‘Past orders fallen on deaf ears of authorities’: Bombay HC pulls up BMC, police over illegal hoardings coming up after poll results

“We can’t understand how after such orders, in the heart of the city, in the Fort area, the biggest and richest Municipal Corporation is not acting in accordance with the requirements of law and orders of HC? How could you be so ignorant of all this? Does it not pinch you? What is your Commissioner doing?” the bench questioned the BMC lawyer.

A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar PIL and other pleas that raised concerns over illegal hoardings. On November 18, the bench had directed authorities to be vigilant and take strict action against illegal banners and hoardings put up after state assembly election results. In its compliance affidavit, state Urban Development Department (UDD) submitted that 86, 730 illegal banners and hoardings were removed across 29 corporations and Rs 6 lakh fines were recovered.

Moreover, the Directorate of Municipal Administration submitted that 6,423 illegal banners were removed across 393 municipal council areas along with recovery of fines over Rs 5 lakh.

Advocate Manoj Shirsat representing intervenor, activist Zoru Bhathena, produced various photographs depicting “swell of hoardings” at several places including the one front of HC premises in Fort area after election results and claimed that such illegal hoardings remained for over a week.

“You permitted these hoardings even in front of HC? What action was taken? You (authorities) have started taking court for granted like this? Why has this happened? How did you allow this? Your Commissioner will say this should not have happened but why no action taken till now? Why was it not reported to the Commissioner? Such a beautiful Flora Fountain is covered by hoardings on all sides. Is it a good sight?” CJ Upadhyaya questioned senior advocate Anil Sakhare representing BMC.

The court asked Sakhare to apprise BMC Commissioner of violations and concerns shown by the court. It asked him to respond as to how hoardings in the said photographs were allowed to come up and why no action was taken by the BMC or police authorities on the same.

The court noted that in earlier orders, considering the importance of the issue, it had requested Advocate General Birendra Saraf to apprise the officers of its concerns.

Referring to earlier order raising concern and seeking action, the bench noted, “Despite all such orders having been passed, the directions issued by the court appeared to have fallen on deaf ears of the authorities,” the HC noted.

The bench said it appears that the political parties and other such organisations also “do not have any respect for court orders” that reminded them of their undertakings of not erecting illegal hoardings

Shirsat also claimed that as per an additional affidavit filed by Bhathena in September, 2022, the then Chief Minister Eknath Shinde (now Deputy CM) had allegedly instructed authorities not to remove his banners. Shirsat questioned if the officials did not take action against illegal hoardings after elections due to political influence.

The HC asked AG Saraf to respond to the intervenor’s claims and asked him to assist the court during next hearing on Thursday.