A local NGO has moved the Bombay HC seeking removal of hoardings put up by politicians advertising their birthdays, inaugurations
Janhit Manch, a local NGO through its president and social activist Bhagvanji Raiyani has moved the Bombay High Court seeking removal of these hoardings and also prosecution against the politicians guilty of putting banners and there by violating the Maharashtra Defacement of Property Act, 1995 and the Bombay Police Act, 1951.
The Petition states that it has become a common scene now — advertisements with photographs and names of almost every politician, of any stature whether a municipal councillor, a Taluka or District party functionary, MLA, MLC state or central minister, MPs, state or national party leader are splashed across every part of the city. The politicians get free publicity through advertisements without BMC permission on the occasion of the leader being elected to certain posts, him thanking his seniors for his election, his so called achievements, his public function, his coming to the city, inauguration by him, celebration of leader’s birthday, greeting followers of different religions on their every festival and such other occasions.
The Petitioner states that every Ward Officer (since elevated to the
position of Assistant Municipal Commissioner) should be made accountable for the stringent enforcement of the policy of advertisements on the public properties under the provisions of the BMC Act, 1888 and the Maharashtra Prevention of Defacement of Property Act, 1995. “If the officer fails to do that, he should be prosecuted for dereliction of duty under the service rules,” says the PIL.
The PIL suggests that in most cases the penalty for illegal display of ads is uniformly Rs50 to Rs100 irrespective of their size. Also continuing offense attracts meagre fine of Rs10 for each day. This should be kept per smallest advertisement and should be increased as per the size of such illegal advertisement, which may go up to 10 times than the one mentioned above and as stipulated in the said Act.
In most cases the penalty for illegal display of ads is uniformly Rs50 to Rs100 irrespective of their size. Also continuing offense attracts meagre fine of Rs10 for each day. This should be kept per smallest advertisement and should be increased as per the size of such illegal advertisements, which may go up to 10 times the one mentioned above and as stipulated in the said Act.
The Petitioners say that only few prosecutions as above and may be some more are filed against thousands of violators of the said defacement of property Act and that too none against any politician except against politician turned don Arun Gawli. His Shiv Sena rivals, the powerful politicians compelled police to do so during last year’s assembly elections.
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