Mumbai: Cracking down on the increasing number of illegal hoardings and banners, the Bombay High Court on Thursday issued notices to political parties asking why contempt action should not be initiated against them for defying undertakings given to the court, wherein they had assured they would not put up unauthorized hoardings.

A bench of Chief Justice DK Upadhyaya and Justice Amit Borkar termed the increasing number of illegal hoardings as “horrendous and a sad situation” and warned the authorities not to “push them to the corner” where they would be “compelled to take very very strict action”.

The High Court was hearing a batch of petitions seeking contempt action against civic officials for failing to comply with a 2017 order directing them to prevent defacement of the state with illegal hoardings and banners. On October 9, the court had revived a PIL on the issue, underscoring the need for continuous monitoring.

Earlier, all the political parties — BJP, Congress, Shiv Sena, NCP and MNS — had filed undertakings assuring that their party workers would put up any such illegal hoardings / banners.

The court noted that it has taken on record the undertakings by political parties. “However, it appears that political parties have not come true with that undertakings,” the bench noted in its order. Issuing notices, the HC said: “We issue notice requiring them (political parties) to show cause as to why appropriate action for defiance of the judgment passed in 2017 should not be taken against them under the provisions of the Contempt of Court Act.”

The court noted that despite its directions, illegal hoardings, banners and posters have increased post elections. “What can be more horrendous than this? Despite our judgment (of 2017) directing strict action against illegal hoardings, see where we are headed to. This is a very sad situation,” the judges underscored.

Moreover, despite the undertakings, the illegal hoardings and banners have not reduced, the court said, adding : “Rather it appears to have increased.”

Questioning why court orders were required when the law casts duty upon the municipal bodies and the State government, the bench warned authorities that it would be compelled to initiate contempt notices if they failed to comply with its orders. “Don't push the court to a corner where we have to then take very very strict action. We are cautioning you (civic bodies),” the court said.

The judges said they were aware of the efforts put in by the government and civic authorities for removal of illegal hoardings, banners and posters, but emphasised that the same are “deficient and inadequate”.

While civic bodies are incurring expenditure on deploying staff and infrastructure to remove illegal hoardings, the persons who put up such hoardings, banners and posters are enjoying their lives, the court added.

State Advocate General Birendra Saraf informed the court that around 22,000 unauthorized hoardings were removed post elections from Mumbai and over a lakh from the rest of Maharashtra.

However, the bench remarked that the number was insignificant when the total number of such illegal hoardings were not known.

After going though photographs submitted by the petitioner showing illegal hoardings outside the high court and the city civil court, the bench asked what action was initiated by the BMC against such persons who not only “deface” the court buildings but also “damage the roads”.

“These photos are testaments to complete apathy by the authorities who are not only mandated to check the menace of illegal hoardings but are also under the obligation to follow orders of this court,” said the court.

The judges also emphasised that the government was “not bereft of power to compel all civic authorities to comply with the orders of the court.

The HC has asked State, municipal authorities and municipal councils to filed affidavits giving details of “preventive and punitive” steps taken against errands by the next date of hearing on January 27, 2025.