Mumbai: The Bombay High Court on Tuesday directed the Brihanmumbai Municipal Corporation (BMC) and other municipal corporations to provide details of action taken against those putting up illegal hoardings under the Maharashtra Prevention of Defacement of Property Act.
Seeking specifics, a bench of Chief Justice Alok Aradhe and Justice Bharati Dangre asked, “Tell us how many cases were filed under the Defacement Act and what is the status. Deterrent action has to be taken; only then will it stop.”
The HC was hearing a contempt petition over non-compliance with its January 31, 2017, judgment on the menace of illegal hoardings. Advocate Uday Warunjikar, appearing for the petitioner Suswarajya Foundation, told the court that none of the municipal corporations were registering offences under the Act.
He also pointed out that the political parties had given an undertaking earlier that they would not put up illegal hoardings. He urged the court to issue notices to both factions of the Shiv Sena and Nationalist Congress Party (NCP), stating that otherwise, the parent factions would claim, “That is a separate group.”
Justice Dangre, however, remarked, “Nowadays we are looking at banners where there are three pictures of separate parties. So don’t worry about that. When we come to the court, we can see up to the Mantralaya… whole roads are all orange, green, whatever… We don’t want to say any further…”
Warunjikar pointed out that despite 14 years of court orders and political parties giving undertakings, the problem persists. He suggested that at least one case should be taken to its logical conclusion as a test case.
State Advocate General Birendra Saraf argued that the state had provided police assistance while removing illegal hoardings. If hoardings were put up by political parties, they should be held accountable by the BMC.
Calling for suggestions, the bench said: “All understand that this is a problem which needs to be addressed. Local bodies have to be responsible. If they fail to respond, we will see.”
The petitioner’s counsel insisted that political parties must name officers responsible for the hoardings. However, the BMC’s lawyer suggested that parties could provide names ward-wise. The court dismissed this saying: “That’s an impractical thing . That’s asking a wrongdoer to disclose his identity.”
Saraf acknowledged that while action is being taken, new hoardings replace those removed almost immediately. “Before we can remove them, new ones are put up. It’s a cat-and-mouse game.”
The court suggested making it mandatory to display the names of those putting up hoardings. However, it noted that many such names may not even exist. “There is an Act. Tell us how many actions you have taken and against whom.”
Saraf further pointed out that people might put up banners of rival parties just to create trouble for them.
The court recorded that 18 out of 21 municipal corporations had filed compliance affidavits, while Thane Municipal Corporation (TMC), Mira Bhayandar Municipal Corporation (MBMC), and Parbhani Municipal Corporation had not submitted their reports.
Granting them three weeks, the court warned that failure to comply would invite appropriate action. The corporations must file their affidavits before March 24, and the matter will be heard next on March 26.