The Bombay High Court on Wednesday pulled up the Brihanmumbai Municipal Corporation (BMC) and the police administration for allowing unauthorized hoardings and banners to come up after the state assembly election results at various locations, including south Mumbai’s Fort area where the HC complex is located.
The court said that despite clear and unambiguous directions from the HC, it appears that the BMC and other municipal corporations in the state have not taken concrete steps to control such illegal hoardings and banners and past orders have “fallen on deaf ears” of the authorities.
“We cannot understand that after such an order, in the heart of the city, in the Fort area, the biggest and richest metropolis is not working as per the court order and the law? How can you be ignorant of all these things? Doesn’t that pitch you? What is your commissioner doing?” the bench asked the BMC counsel.
The bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar has expressed concern about illegal hoarding in public interest petitions and other petitions. On November 18, the bench had directed the authorities to be vigilant and take strict action against illegal banners and hoardings put up after the state assembly election results. The state’s Urban Development Department (UDD) in its compliance affidavit has said that 86,730 illegal banners and hoardings have been removed in 29 corporations and fined 6 lakhs.
Similarly, 6,423 illegal banners have been removed from 393 municipal areas and fines of more than five lakhs have been collected, according to the Directorate of Municipal Administration.
Advocate Manoj Shirsat, representing the mediator, activist Joru Bhathena, produced various photographs depicting “blowing up of hoardings” at several places, including one in front of the Fort area High Court complex, after the election results, and claimed that such illegal hoardings were there for more than a week.
“You allowed these hoardings even in front of the High Court? What action was taken? Have you (official) started to consider the court in this way? Why did this happen? How did you allow this? Your commission used to say that this should not happen but why no action has been taken yet? Why was the commissioner not informed? Such a beautiful flora fountain is covered with hoardings all around. Is this a good scene?” Chief Justice Upadhyay asked senior advocate Anil Sakhre on behalf of the BMC.
The court has asked Sakhre to provide information BMC commissioner of violations And the concern shown by the court. It asked him to answer how the hoardings were allowed to come up in the said pictures and why no action was taken by the BMC or the police authorities.
The court mentioned in its earlier orders that in view of the importance of the case, it has requested Advocate General Birendra Saraf to inform the authorities concerned.
Referring to the earlier order seeking concern and action, the bench observed, “Despite all such orders being passed, the directions issued by the court seem to have fallen on deaf ears to the authorities,” the high court observed.
The bench said it appears that political parties and other such organizations are also “having no respect for the order of the court” reminding them of their commitment not to put up illegal hoardings.
According to an additional affidavit filed by Bhathena in September, 2022, Shirsat also claimed that the then Chief Minister Eknath Shinde (now Deputy Chief Minister) had instructed the officials not to remove their banners. Shirsat questioned why officials did not take action against illegal hoardings after the election due to political influence.
The high court asked AG Saraf to respond to the intervener’s claim and assist the court in the next hearing on Thursday.
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