The Indian Express 14.03.2013
HC tells BMC to remove illegal hoardings in 24 hours

Ultimatum Civic bodies of Thane, Navi Mumbai, Mira-Bhayander and Pune asked to report compliance by March 15.
Cracking the whip against illegal hoardings, the Bombay High
Court on Wednesday directed the Brihanmumbai Municipal Corporation (BMC)
and other civic bodies in the state to free their cities of all illegal
hoardings within 24 hours.
Despite several strictures passed by the court over the years,
BMC has been unable to take action to stop illegal hoardings from
surfacing. This time though, the corporation has been given a strict
24-hour deadline to rid the city of illegal hoardings marring the
cityscape. BMC, however, reckoned it was a tall order and may seek more
time.
Taking note of the measures taken by Satara Municipal Corporation
to remove illegal hoardings, Justices A M Khanwilkar and A P Bhangale
said, “If the Satara Municipal Corporation can do it in a week, then the
BMC, with all its infrastructure, should be in a position to do it
within 24 hours.”
Observing that majority of these hoardings and banners belong to
political parties, the court also asked the civic bodies to issue
notices to persons whose names or photographs are printed on the
allegedly illegal hoardings.
The court said that by not acting against illegal hoardings, the
municipal commissioner was being a co-conspirator in putting them up.
“If the hoardings are not removed, then we will contemplate initiating
action against the commissioners and district council chiefs concerned,”
the court warned.
BMC’s counsel sought time to file an affidavit but the court
riposted, “We don’t want an affidavit. We want you to take action and
inform us about it.”
Observing that illegal hoardings are defacing the city’s skyline, the
court asked the civic bodies of Mumbai, Navi Mumbai, Thane,
Mira-Bhayander and Pune to report compliance of the court’s order on
March 15.
The petition was filed by Thane activist Prabhakar Chaudhari. His
lawyer Sagar Joshi said they had urged the court to direct the removal
of the hoardings and initiation of action against concerned corporation
officers who fail to act against them.
Every month, on an average, the BMC removes roughly 2,500 to
3,000 illegal hoardings, though their actual number may be much higher.
Based on data collected over a year, more than 70 per cent of these
hoardings have been found to be political banners.
Sharad Bande, superintendent of the license department of the
BMC, said it is difficult to take action against political parties as
the real culprits are unknown. “We immediately fine commercial
hoardings. But it is difficult to take action against those behind
political banners as it may be a supporter or detractor out to make
trouble,” Bande had said earlier.
In the budget for the forthcoming financial year, municipal
commissioner Sitaram Kunte proposed a hoardings-free city. “We are in
talks with political party leaders and want to achieve this through
cooperative action rather than taking on an adversarial role with
politicians,” Kunte had said.
Hoardings in heritage precincts and on heritage structures are
banned and their installation requires special permission from the
Mumbai Heritage Conservation Committee (MHCC). The MHCC has regularly
written to the BMC’s licence department asking the civic body to take
action against the illegal hoardings on heritage structures.
The BMC has been pulled up by the High Court over several years for
its inability to rein in on illegal hoardings mushrooming all over the
city. In a PIL filed by gynaecologist Anahita Pandole, the court was
informed in October 2009 that of the 1,971 hoardings examined by a
court-appointed committee, 892 were found to be illegal. The court was
also told that as many as 750 trees along the city’s highways had been
hacked to make way for hoardings.
Another PIL filed by NGO Janhit Manch had stated that erecting
illegal hoardings can attract three months’ imprisonment and a fine of
up to Rs 2,500 under the Maharashtra Prevention of Defacement of
Property Act, 1995.
BMC to seek more time
Following the Bombay High Court’s order asking the BMC to free
the city of illegal hoardings, the corporation said it will seek more
time from the court to complete the labourous task. “It is not possible
to get rid of all the hoardings within 24 hours. We are contemplating
approaching the court and asking for more time on this matter,” said
Additional Municipal Commissioner Mohan Adtani.
“We have been rigorously acting against illegal banners for the
past many months. Following the court order, we will expedite the action
further,” a senior BMC official said.