Submit affidavit with civic body chief’s order on Eknath Shinde’s posters: Bombay HC

During the hearing of a batch of petitions in relation to the illegal hoarding menace in Maharashtra, an intervenor (non-party to the matter) submitted before the Bombay High Court that the Mumbai civic body had been directed to not remove hoardings and banners of the Chief Minister Eknath Shinde.

The intervenor, Laxmikant Sagar, from Latur said to the court that as per reports, IAS officer Iqbal Chahal directed municipal officers of Brihanmumbai Municipal Corporation (BMC) to not pull down the hoardings and banners of CM Shinde.

The counsel appearing for Sagar, Advocate Manoj Shirsat, referred to a newspaper article stating that a direction was issued by BMC chief Chahal to municipal officers against the removal of any hoarding or banner of CM Shinde.

"What kind of instructions or order is this (disallowing the removal of banners)? We need to question the seriousness of the state government in tackling the issue of illegal hoardings," Shirsat told the bench, headed by Chief Justice Dipankar Dutta.

Subsequently, the bench refused to place faith in media reports and asked the advocate to file an affidavit and place his statement on record.

"You file an affidavit placing this article on record. We will then ask the government to respond to it," Chief Justice Datta told Advocate Shirsat.

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During the hearing on Friday, the Government Pleader, on behalf of the Maharashtra government, submitted a report detailing the state government's authority against illegal hoardings and further actions to tackle the issue.

The report stated that “measures can be explored for dealing with the situation arising out of illegal hoardings.” It further said, “It can bring about an appropriate amendment to the provisions of Maharashtra Prevention of Defacement of Property Act, 1995, more particularly Section 3 whereby strict liability can be imposed on the offenders and the power to compound the offences can be given to the concerned police/ municipal officers similar to the provision of Section 200 in Motor Vehicles Act, 1988.”

The report also established that exercise of such power would have a 'deterrent effect on the persons who usually indulge in such activities. This will also do away with the tedious procedure of registering an FIR and its follow-up.”

The Government Pleader also said that it had been planning to demarcate the location of hoardings and engage the services of private agencies to monitor illegal hoardings. They suggested a database to handle and record permissions that are granted.

While placing the submission on record, the bench adjourned the matter for further hearing on September 12. The Bombay High Court, in the past, directed the state government and municipal corporations and councils to ensure that no illegal hoarding or banners were allowed.