Despite filing affidavits in Bombay high court assuring that they will not erect illegal hoardings, political parties continue to deface the metropolis in utter contempt of the court. Recently, during the birthday of deputy chief minister Eknath Shinde the city was swathed with illegal hoardings greetings. Malabar Hill, where the bungalows of most ministers and judges are located, is particularly facing the brunt of political parties. The then chief justice Dipankar Dutta had lamented that even outside his official bungalow in Malabar Hill there are illegal hoardings.
Even though it is eight years since the Bombay High Court issued a series of directions ordering the BMC and the state government to take strict action against illegal hoardings both the authorities appear to be taking these instructions lightly. There is no other explanation for the continuance of this menace.
Calling the situation “horrendous and sad,” the High Court, on December 19, 2024, issued a show cause notice to all political parties, asking why contempt proceedings should not be initiated against them for violating their undertakings to prevent unauthorised displays. The court also warned civic authorities against inaction, stating it would be “compelled to take very strict action” if the situation was not addressed.
The issue of illegal hoardings was raised by NGO Suswarajya Foundation in a PIL. In 2017, the High Court had disposed of a PIL by Suswarajya Foundation and others while issuing strict directions to the authorities. However, it continued monitoring the issue through regular reports submitted by the authorities.
As illegal hoardings, banners, and posters continued to deface public properties, the High Court revived the PIL on October 9 last year, underscoring the need for continuous monitoring. The court noted widespread non-compliance with its 2017 order to prevent the defacement of public spaces.
During the hearings, Suswarajya’s advocate, Uday Warunjikar, pointed out that political parties were the primary violators. Earlier, all major political parties — the BJP, Congress, Shiv Sena, NCP, and MNS — had submitted undertakings assuring that their workers would not put up illegal hoardings or banners. However, in the run-up to and aftermath of the 2024 parliamentary and assembly elections, the faces of political leaders were displayed everywhere, and the trend continues.
The bench expressed dismay over the surge in illegal hoardings the post-elections in November, commenting: “What can be more horrendous than this? Despite our 2017 judgment directing strict action against illegal hoardings, see where we are headed. This is a very sad situation.”
In December 2024, the HC bench led by then Chief Justice D.K. Upadhyaya, remarked: “It appears that political parties have not remained true to their undertakings.” Issuing a show cause notice to the parties, the court stated: “We issue notice requiring them (political parties) to show cause as to why appropriate action for defying the 2017 judgment should not be taken against them under the provisions of the Contempt of Courts Act.”
The judges also castigated municipal bodies and the state government, questioning why court orders were necessary when the law already imposes a duty on these authorities to curb such illegalities. Warning that contempt notices could be issued if orders were not followed, the court cautioned: “Don’t push the court into a corner where we are compelled to take very, very strict action. We are warning you (civic bodies).”
The court further emphasized that the efforts of the government and civic authorities in removing illegal hoardings, banners, and posters were “deficient and inadequate.”
Interestingly, the court observed that while civic bodies were incurring expenses on staff and infrastructure to remove illegal hoardings, those responsible for putting them up continued to enjoy their lives without consequences.
During the last hearing, State Advocate General Birendra Saraf informed the court that around 22,000 unauthorized hoardings had been removed from Mumbai after the elections and over a lakh from the rest of Maharashtra. However, the bench remarked that the number was insignificant, given that the total number of illegal hoardings remained unknown.
Even the High Court was not spared, as one such hoarding was put up right outside its heritage building, not only “defacing” the court premises but also “damaging the roads.” The court observed: “These photos are testaments to the complete apathy of the authorities, who are not only mandated to check the menace of illegal hoardings but are also under an obligation to follow the orders of this court.”
The judges also stressed that the government was “not bereft of power” to compel all civic authorities to comply with court orders.
Pursuant to the High Court’s directives, over 250 affidavits have been filed by various civic bodies across the state, detailing the “preventive and punitive” measures taken against offenders.
The plea is scheduled for a hearing on Wednesday, February 12.
