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Will you let citizens put up birthday banners, Bombay high court asks BMC

The court pulled up the civic body for letting politicians get away with hoardings.

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The Bombay high court on Thursday asked the Brihanmumbai Municipal Corporation (BMC) if it will allow citizens to put up hoardings with birthday greetings to wish their family members, just like it permits politicians.

A division bench of Justice PB Majmudar and Justice Amjad Sayed was hearing a public interest litigation filed by an NGO, Janhit Manch, seeking action against political parties who deface the city with hoardings and huge cut-outs greeting their leaders. “If a person comes to you saying ‘I want to celebrate the birth of my child or my grandchild or want to wish my wife’, will you permit him?” asked justice Majmudar.

BMC advocate Priti Purandare said permissions are given under section 328 of the Mumbai Municipal Corporation Act, usually for a specific period. “We cannot refuse no matter who it is,” she added. Majmudar asked, “What is the logic in allowing birthday hoardings? You may inform political leaders that such hoardings do not look good.”

Purandare told the court that the minimum fine has been increased from Rs100 to Rs1,000 and the maximum fine from Rs200 to Rs5,000 in 2006.

Justice Majmudar asked, “Have you seen this in any civilised society? Only in Maharastra and Mumbai do we have such hoardings. Sometimes, they are so big that they block the entire road. Political leaders should insist that their photographs are not used on such hoardings.”

The judges directed the BMC to file an affidavit stating how many people have been prosecuted for putting up illegal hoardings, provide the number of permissions granted last year and inform the court whether birthdays fall within the term ‘events’.

The judges took exception to BMC’s affidavit on details of hoardings removed as it did not annex any photographs of posters wishing politicians on their birthdays. “You are shrewd enough. Not a single political poster has been annexed in your reply. Instead, you have attached pictures of other types of hoardings,” said justice Majmudar. “Should we ask court officers to conduct a survey of hoardings in the city?” he queried.

An affidavit filed by Dinkar Kharat, superintendent of licences, stated that action has been initiated against illegal banners and posters from time to time. He said that a first information report has been filed in respective police stations for action to be taken under the Maharashtra Prevention of Defacement of Property Act against unauthorised display of advertisements in public places.

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