Case Note & Summary
The High Court of Judicature at Bombay was seized with a group of Public Interest Litigations and Writ Petitions raising serious concerns regarding the rampant display of illegal hoardings, banners, arches, posters, and advertisements across towns and cities in Maharashtra. The petitions highlighted the defacement of public and private properties visible from streets, road dividers, footpaths, and poles, often without requisite permissions. The court observed from the affidavits and reports on record that the political class, including leaders and workers of various political parties, was primarily responsible for such illegalities. They were found to be displaying hoardings and banners to welcome political figures, celebrate birthdays or anniversaries, extend festival greetings, and congratulate on achievements. Religious and social organizations were also indulging in similar unauthorized displays during festivals like Ganpati, Navratri, and Dahihandi, often near pandals or stages, causing distraction to motorists. Despite numerous orders passed by the High Court in these matters and by benches at Aurangabad and Nagpur, and even after contempt notices were issued to political leaders who later tendered apologies and assurances, the illegality persisted. The court attributed this continued violation partly to the failure of top political leaders to prevent their workers from such activities and the lack of serious action by authorities, as political involvement made enforcement difficult. The judgment addressed the governing legal framework under the Maharashtra Municipal Corporations Act, 1949, particularly Section 244 and Rule 1 of Chapter XI, which define 'skysign' and mandate written permission from the Municipal Commissioner for its erection, fixing, or retention. The court noted that Section 244(1) prohibits any person from erecting, fixing, or retaining a skysign without such permission, and permission may be granted or renewed for up to two years subject to certain voiding conditions. The judgment was pronounced on 31st January 2017 after hearing submissions on 15th October 2016, but the final directions are not captured in the provided excerpt.
Headnote
A) Skysigns and Advertisements - Definition and Scope - Maharashtra Municipal Corporations Act, 1949, Section 244 and Rule 1 - The definition of skysign includes any advertisement, announcement or direction supported on a structure and visible against the sky from any street, including balloons, parachutes, etc. (Paras 4) B) Skysigns and Advertisements - Requirement of Written Permission - Maharashtra Municipal Corporations Act, 1949, Section 244(1) - No person shall erect, fix or retain any skysign without written permission of the Commissioner; permission may be granted or renewed for a period not exceeding two years and is void under certain conditions. (Paras 5)
Issue of Consideration
Whether the rampant display of illegal hoardings, banners, arches, posters and advertisements on public and private properties visible from streets contravenes the provisions of the Maharashtra Municipal Corporations Act, 1949 and other municipal laws, and what directions are necessary to curb the illegality
Law Points
- Definition of skysign under Rule 1 of Chapter XI
- Schedule D to Maharashtra Municipal Corporations Act
- 1949
- Requirement of written permission from Commissioner for erecting
- fixing or retaining skysign under Section 244(1)
- Deeming provisions in Section 244(2) regarding ownership/occupation
