Rapping the Brihanmumbai Municipal Corporation (BMC) for failing to implement its earlier order for taking action against illegal hoardings, the Bombay High Court said that it was for the executive to implement the same and the judges cannot be expected to take to streets to enforce their orders.
A division bench of Chief Justice Dipankar Datta and Justice M S Karnik said: “When a division bench has passed an order and it has not been challenged, the division bench’s order becomes final.”
The court further observed that the judiciary cannot enter the domain of the executive and implement orders. “The high court has passed an order and we have to depend on the executive to implement it. We cannot go to the street and implement our orders,” said CJ Datta.
The HC was hearing a batch of public interest litigations (PILs) on the issue of illegal banners, hoardings and posters put up by political parties across the state, which according to the pleas defaced public places. In 2016, the high court had directed the state government and all municipal corporations to ensure that no illegal hoardings are put up in public places and had directed the authorities to submit compliance reports.
The court also reiterated that the menace of illegal hoardings can be tackled only if the political leaders and ministers, for whom the posters and banners are put up, ask their followers not to put up the same. Unless these ministers come forwards, such illegal hoardings will continue to be put up everywhere, said court. “Ministers and political leaders whose pictures are placed in these hoardings should go to the public and ask them not to do this. They (public) will listen to them.” said CJ Datta.
The judges also said that those in-charge of the implementation of orders should have the intent of implementing the same. “These are matters of administration… There is no genuine intention then it will never be implemented,” added CJ Datta.
Government pleader Bhupesh Samant agreed that there were shortcoming in the implementation of the order.
“I know the implementation is not up to the mark,” said Samant, adding, “Truth is harsh. Judicial orders can’t implemented. We are falling short of this.”
The court suggested that the municipal corporations and district councils should share with ward officers and police station a list of the hoardings that have been granted permission.
“If this list is shared real time then it would help the police act against the illegal hoardings. These are all matters of the administration which officers should be abreast of,” said CJ Datta.
The HC has asked the Maharashtra government to file a report by August 12 stating what measures it proposes to take to tackle the issue of illegal hoardings.
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