Bombay High Court: No one can use public spaces for personal gains, advertisements

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor was hearing a batch of pleas including a contempt plea initiated by the High Court itself, claiming non-compliance with its 2017 orders to pull down illegal hoardings and banners.

On December 19–2023, the HC had pulled up the state government for inaction against illegal hoardings and banners and said residents of Mumbai want hoardings removed, as they deface the city and create obstacles, and sought a response from BMC.

Senior advocate Anil Sakhare for BMC submitted an affidavit in reply stating that the civic body has been continuously striving to have illegal banners and hoardings removed.

He said in the last one year between January 1 to December 31, 2023, information of 10,839 political banners, as many as 4,551 commercial and 32, 481 religious banners was given to police stations through 410 letters, and 22 FIRs towards these had been registered.

BMC also submitted that directions were issued to advertisers to display a QR code comprising the name of the person to whom permission is granted and the period for which it is given, and thereupon 50 per cent of them had implemented the order.

However, advocate Manoj Shirsat, for an intervenor in the case, stated that despite BMC’s efforts, the number of illegal banners and hoardings on footpaths, public roads and those covering traffic lights have not come down.

The bench perused photos submitted by Shirsat and noted that illegal hoardings put up in a haphazard manner not only blocked footpaths and roads, but have the potential of even causing obstruction to pedestrians and those using roads.

It said that “something more needs to be done, not only at the level of BMC and government but at the instance of the general public too. It is beyond comprehension as to how any group of people can take the liberty of putting up banners on street lights.”

The court also asked BMC to publicise which streets/roads are identified for permission to put up banners by it. The bench asked the petitioner’s counsel to give notices to respondent political parties in the case for them to be represented at the next hearing after two weeks.