Mumbai: The Bombay High Court on Friday issued notices to political parties to show cause why appropriate action for contempt should not be taken against them for defiance of a Jan 31, 2017 judgment in respect of illegal banners and hoardings.
Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar passed the direction, noting that undertakings were filed by parties — Congress, BJP, Shiv Sena, NCP, MNS, and RPI (Athawale) — that they would instruct party workers not to display illegal banners and hoardings. “It appears that these political parties have not come true to the undertakings given before the court,” they added. The judges noted in an earlier order, they “cautioned” political parties who filed undertakings “to refrain from putting unauthorised hoardings, banners, flags, flexes, posters, etc.” However, despite such undertakings, they come up almost daily on roads and streets of Maharashtra, and the number “has been increasing in geometric progression.”
Advocate Siddhesh Pilankar, for petitioner Suswarajya Foundation, said two of the parties that gave undertakings have split into factions and sought leave to add them as respondents. But Justice Borkar said, “All factions claim that they are the original party. So let them take a stand here that they are not the original party on affidavit.”
For the second day, the judges pulled up BMC and the state over their inaction in dealing with illegal hoardings. They said photographs submitted to HC “are a testament to the complete apathy and indifference” on the part of the authorities.
While advocate general Birendra Saraf said measures are being taken, the judges said they are “not only inadequate and insufficient but lack the necessary resolve” of the authorities to check the erection of unauthorised hoardings.
Saraf assured he would advise different departments of the state govt “so that some more effective and adequate steps may be taken.” Senior advocate Anil Sakhare, for BMC, said he took up the matter with the municipal commissioner “who is determined to take more stringent and appropriate action in the matter.”
The judges issued directions including that all municipal corporations and councils shall revisit their SOPs and policies for implementing direction in the 2017 judgment within two weeks. The urban development department shall convene a meeting of all their commissioners and CEOs and issue directions for compliances and for taking “appropriate action including punitive action permissible under law.”
“If we find any deficiency in the measures and efforts to be made by the municipal authorities in the state, we may be compelled to issue contempt notices to the executive heads of these corporations/councils, namely the municipal commissioner and CEOs on the next date of listing,” the judges warned. They sought compliance affidavits of steps taken on Jan 27.
