Bombay High Court issues notice to political parties for defying judgment on illegal hoardings

The Bombay High Court recently issued show cause notice to political parties, demanding why contempt of court proceedings should not be initiated against them for violating a 2017 judgment of the Court concerning illegal hoardings..A Bench of Chief Justice DK Upadhyaya and Justice Amit Borkar noted that despite undertakings given by political parties, the number of illegal hoardings on public roads has increased. The Court raised concerns about the environmental impact of these hoardings, many of which are made from non-biodegradable materials, and the obstruction they cause to pedestrians besides defacing public spaces including the High Court itself.“We in our earlier orders have already noticed undertakings given by political parties. It appears that these political parties have not come true with undertakings, and accordingly we issue notice to R 24 to 30 (political parties) requiring them to show cause as to why action for defiance of the 2017 order cannot be taken against them,” the Bench stated..Political parties including Indian National Congress, Shiv Sena, Bharatiya Janata Party, Maharashtra Navnirman Sena and Nationalist Congress Party had earlier undertaken not to authorize such illegal hoardings.The Court had previously warned these parties to stop erecting such hoardings but despite repeated concerns from the court, the problem worsened.Thus, non-compliance with the Court's directions led to a contempt of court plea before the High Court.The plea took exception to the continued erection of illegal hoardings by political parties and organizations in Maharashtra..During the hearing on December 19, the Court noted that illegal hoardings were being placed even in front of the High Court. This prompted the Court to summon the Advocate General (AG) to the hearing on December 19. The court described the situation as "horrendous" and criticized the authorities for their inaction/ “Just see where are we heading to today, we are in a situation where these hoardings are causing damage to the road… defacing the High Court, defacing the city civil court, obstructing pedestrians. You have allowed this to put up where? High Court. What action have you taken?" the Bench demanded.It urged the AG to inform municipal authorities of the gravity of the situation, warning that further inaction would force the court to take strict measures. “We again request... Kindly impress upon the authorities. Don’t push us to a situation where we’ll be constrained to be very, very strict. It is very, very sad,” the bench underlined.In its order, the Court expressed its frustration with the continued defiance of its 2017 judgment and the failure of authorities to effectively address the issue. It highlighted photographs submitted by the petitioners that showed numerous illegal hoardings on the streets of Mumbai, further underscoring the authorities' indifference to the court’s directives.The Court noted that while the AG had assured that measures were being taken, those efforts were insufficient and lacked the resolve needed to address the problem. It also said that the issue of illegal hoardings was not limited to Mumbai but was affecting the entire State.Hence, the Bench called for preventive and punitive measures and directed the State government to convene a meeting with municipal officials to ensure compliance with the defacement laws. It also instructed municipal authorities to hold their officers accountable for any violations and directed district authorities and police to cooperate fully in enforcing the law and removing unauthorized hoardings.The Court also warned that if political parties do not adhere to their undertakings, it would issue contempt of court notice. Municipal authorities were instructed to file affidavits outlining the steps they would take to ensure compliance with the 2017 order. Additionally, the Principal Secretary of the Urban Development Department was directed to submit an affidavit detailing the State government's efforts to enforce the judgment. The Director General of Police was also ordered to issue a circular instructing police in districts to provide necessary support to municipal authorities.The next hearing is scheduled for January 27, 2025.