SC upholds Madras High Court order asking political parties, organisations to remove permanent flagpoles from public places

The high court had held that “any public place such as corner of the street, pavement, junction of the road, junction, bus stop and other public use places are meant for the usage of general public. Therefore, no one has any right to erect any flagpoles by obstructing public users” and “therefore, the erection of flagpole” in such spaces “is nothing but rank encroachment.”

It directed “all the political parties and all organisations such as Community, Religion, Association etc” to remove their flagpoles “which are erected permanently in all over Tamil Nadu in the public places and land belongs to the National Highways, State Highways, Corporations, Municipalities, Local Bodies and other Departments, within a period of twelve weeks from today, failing which, the authorities concerned are directed to remove the flagpoles by issuing two weeks’ notice and in accordance with law.”

“After removal of flagpoles, the authorities concerned are directed to recover the cost of removal of flagpoles from the respective political parties,” it added.

The high court said that “all the authorities concerned shall not grant any permission to erect flagpoles permanently” in public places or land belonging to national, state, or local bodies and other departments by political parties or other organisations.

It, however, permitted them “to erect their permanent flagpoles in their own land…after obtaining necessary permission from the authority concerned” and asked the state government to frame rules for the erection of flagpoles on private land.

The court stated that the authorities concerned can permit political parties to “erect their flagpoles temporarily without causing any damage to the land during their meetings, election campaign, conferences, procession, dharna and functions etc, on payment of rent in advance, as may be prescribed, in accordance with law.”

The court added that after the period of permission to erect the temporary flagpole, “the person who was granted permission/licence shall restore the public places to its original position by cleaning and filling up the holes, if any. If any damage caused, the cost to be paid to the concerned authorities.”

The high court also said that “the Head of the Department of concerned authorities and all District Collectors must ensure that the concerned authorities shall comply with the above directions and monitor from time to time.”