Bombay High Court asks Goa authorities to act against illegal hoardings and signages

The Bombay High Court at Goa has observed the authorities ought not to make any difference between hoardings and signage, as signages equally cause a nuisance if they are not operated and maintained as per law. The authority concerned shall take appropriate action with regard to illegal signages or those causing a nuisance by following the procedure in law.

The Division Bench of Justice G.S. Kulkarni and Justice Bharat P. Deshpande heard a suo motu Public Interest Litigation concerning the putting up of illegal hoardings and/or menace of hoardings in Goa.

The Court has observed in the detailed order passed on September 29, 2022 is to bring about a lawful regime of resistible hoardings and in such context, accountability on the concerned municipal officers or other authorities of the State Government, to strictly follow the law.   
Thereafter, the petition was heard on November 17, 2022 when the High Court recorded a statement of Devidas Pangam, Advocate General, that the concerns as addressed in the order dated September 29, 2022 are being looked into at the highest level by the State Government and the State Government is desirous to formulate a concrete mechanism as they involve fundamental rights guaranteed to the citizens under Article 21 of the Constitution. It was stated that the State Government would constitute a High Power Committee which would consist of legal experts/other experts as may be felt appropriate by the State Government, which would deliberate on such issues and that the deliberation can culminate into the framing of appropriate rules and regulations which shall govern the locations, permissions, installations, and all other aspects in regard to the installation of the hoarding in the State of Goa. 

It was also submitted that the desire of the State Government is to bring the issue of hoardings under the umbrella of a centralized authority, which would have jurisdiction over all aspects concerning the hoardings put up wherever in the State of Goa. The Bench had accordingly adjourned the proceedings to December 2, 2022.

On December 2, 2022, by a detailed order, the Bench had adjourned the proceedings, thereby observing that both the District Magistrates should further explain as to what action has been taken against the hoardings which are found illegal and beyond the specifications and the timeline within which such hoardings are required to be removed by local authorities concerned.   

On December 16,  Advocate General placed on record an order dated December 14, 2022 issued by the State Government with regard to formulating a policy for regulating and determining the issuance of permission and monitoring of hoardings in terms of the order passed by the High Court. Pangam informed the Court that the committee as constituted would deliberate in formulating a policy for regulation and determination of issuance of permissions and monitoring of hoardings, which shall be undertaken within a period of three months. 

The Court expected the committee takes such further appropriate steps and place on record such a policy/rules or regulations.

Pangam also informed the High Court that directions are already issued to different authorities including the Collector to take appropriate action in relation to illegal hoardings. Let such an exercise of identification of such hoardings be promptly taken by the said authority, the Court directed.

With regard to the action being taken by the Collector and the other authorities and to report compliance in regard to the removal of illegal hoardings and to address on the issue of signages on the adjourned date, January 13, 2023, of hearing under the caption, “For Directions,” the Court ordered.

The post Bombay High Court asks Goa authorities to act against illegal hoardings and signages appeared first on India Legal.

from India Legal https://ift.tt/SgByklz