The Times of India 14.03.2013
HC wants all illegal political hoardings removed in a day
MUMBAI: The Bombay high
court on Wednesday gave 24 hours to all municipal corporations and
councils across Maharashtra to pull down illegal political banners and
hoardings. In case they fail to comply with the order, municipal
commissioners and council chief executive officers will face action, the
court warned.
The court pointed out that inaction on the part of civic bodies is an offence and they would be considered "co-conspirators".
A division bench of Justice A M Khanwilkar and Justice A P Bhangale issued the direction after the BMC's advocate, Sharmila Modle, sought time to reply to a suo motu notice issued to municipal commissioner Sitaram Kunte on February 7. The court had issued the notice saying it was happy with the Satara Municipal Council's recent action against illegal hoardings and wanted the BMC to replicate its example. "Don't file a reply. Everywhere we are seeing hoardings. Show us action," said Justice Khanwilkar.
Modle said the BMC has taken "removal action" in accordance with the court's orders and added that there is a stay on several of the hoardings across the city. "How can there be stay on illegal hoardings? Show us one copy of the order of a stay," said Justice Khanwilkar.
Modle said she would place a compilation of the orders before the court and urged for a short adjournment. "This is the attitude. That is why you find illegal hoardings. Look at this city (Mumbai). We see no other banner except of political parties. Have you taken action against one leader?'' asked Justice Khanwilkar.
The judges said there is no need for notices. "Issue notices to all those persons whose photographs are displayed," said Justice Khanwilkar.
Satara Municipal Council's advocate Praful Shah informed the court that Satara has completely changed after the removal of illegal hoardings. "There is no new illegal hoarding," Shah added.
Justice Khanwilkar asked why the same could not be adopted by other huge corporations like the BMC which have the necessary infrastructure and manpower.
Thane Municipal Corporation's counsel Ram Apte said the civic body has framed a policy for hoardings. "Forget policy. First remove them," said Justice Khanwilkar. The judges reminded Apte that being a Thane resident, he should know the situation. Apte conceded, "I cannot say there is 100% compliance."
The judges said the skyline is marred by banners and hoardings. "So far as environment is concerned, no one is bothered,'' said Justice Khanwilkar.
The judges said civic bodies can remove the hoardings within 24 hours if they want to. "We'll give 24 hours to all corporations and councils to act. We'll take action against commissioners and CEOs,'' said Justice Khanwilkar.
The judges deferred the next hearing to March 15, 2013, noting in their order that they "hope the assurance given to this court is carried out in letter and spirit by corporations and councils before the next date." They also directed a compliance report to be filed. "Twenty-four hours is good enough if you want to do it. You can raze anything in 24 hours,'' reminded Justice Khanwilkar.
The court pointed out that inaction on the part of civic bodies is an offence and they would be considered "co-conspirators".
A division bench of Justice A M Khanwilkar and Justice A P Bhangale issued the direction after the BMC's advocate, Sharmila Modle, sought time to reply to a suo motu notice issued to municipal commissioner Sitaram Kunte on February 7. The court had issued the notice saying it was happy with the Satara Municipal Council's recent action against illegal hoardings and wanted the BMC to replicate its example. "Don't file a reply. Everywhere we are seeing hoardings. Show us action," said Justice Khanwilkar.
Modle said the BMC has taken "removal action" in accordance with the court's orders and added that there is a stay on several of the hoardings across the city. "How can there be stay on illegal hoardings? Show us one copy of the order of a stay," said Justice Khanwilkar.
Modle said she would place a compilation of the orders before the court and urged for a short adjournment. "This is the attitude. That is why you find illegal hoardings. Look at this city (Mumbai). We see no other banner except of political parties. Have you taken action against one leader?'' asked Justice Khanwilkar.
The judges said there is no need for notices. "Issue notices to all those persons whose photographs are displayed," said Justice Khanwilkar.
Satara Municipal Council's advocate Praful Shah informed the court that Satara has completely changed after the removal of illegal hoardings. "There is no new illegal hoarding," Shah added.
Justice Khanwilkar asked why the same could not be adopted by other huge corporations like the BMC which have the necessary infrastructure and manpower.
Thane Municipal Corporation's counsel Ram Apte said the civic body has framed a policy for hoardings. "Forget policy. First remove them," said Justice Khanwilkar. The judges reminded Apte that being a Thane resident, he should know the situation. Apte conceded, "I cannot say there is 100% compliance."
The judges said the skyline is marred by banners and hoardings. "So far as environment is concerned, no one is bothered,'' said Justice Khanwilkar.
The judges said civic bodies can remove the hoardings within 24 hours if they want to. "We'll give 24 hours to all corporations and councils to act. We'll take action against commissioners and CEOs,'' said Justice Khanwilkar.
The judges deferred the next hearing to March 15, 2013, noting in their order that they "hope the assurance given to this court is carried out in letter and spirit by corporations and councils before the next date." They also directed a compliance report to be filed. "Twenty-four hours is good enough if you want to do it. You can raze anything in 24 hours,'' reminded Justice Khanwilkar.
