SUNIL PANDHARINATH JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner, claiming to be a resident of Aurangabad city, has filed this writ petition in public interest. He has sought directions against the Respondents, amongst other, that the Respondent No. 2 " Commissioner of Aurangabad Municipal Corporation be directed that henceforth the Corporation shall enforce complete ban to put up any hoarding / board on the guard rails (Kathada) at Kranti Chowk. Further, the Corporation shall not permit display of hoarding / board of any political party for more than one day on public roads, medians / squares (Chowks). It is further prayed that mandatory order be passed prohibiting display of hoarding / board congratulating for the success or giving best wishes to anyone on the eve of his/her birthday in public places; and to direct the Commissioner Aurangabad to take appropriate strict penal action against every person and political party or association, indulging in defacement of public property. This Petition was moved in February, 2006. During the pendency of this Petition, the Respondents have filed affidavits and also action taken reports from time to time. The Petition has now been finally heard. As a result, we propose to dispose of this Petition by the present order.

(2.) Broadly, the controversy raised in this Petition is in relation to the display of illegal hoardings / banners / posters / temporary arches in the city of Aurangabad, without taking prior permission of the concerned authority; and moreso, in public places and on roads causing obstruction to traffic and defacement of the public property. It also causes public nuisance and are eyesore to the viewer. To espouse the cause of the Petitioner, Mr. F.R. Tandale was appointed as an amicus curiae. He alongwith the counsel appearing for the Corporation have submitted action plan to eschew the display of such illegal hoardings / banners / posters in public places in the city for felicitation mostly of political leaders on their birthday, success or about their arrival in the city. The counsel for the Corporation has taken a very fair stand that illegal hoardings / posters not only cause obstruction to the traffic, but also affect the beauty of the city and more importantly causes financial loss to the Corporation. Inasmuch as, there are around 329 identified approved spots to display advertisement within the limits of Municipal Corporation, Aurangabad. Steel frames have been fixed permanently on the said spots, which are meant to support hoardings. The structure so put up has been certified by the City Engineer. The hoardings are fixed on the said steel frames with care so that no accident should be caused. For display of such hoardings, the Corporation receives charges as prescribed by the General Body in its resolution dated 25th September, 2006. It is fairly accepted on behalf of the Corporation that the rates so prescribed, would require revision on account of passage of time. It is stated that a proposal will be submitted for consideration for revision of the said rates to the General Body in due course of time. Indeed, what rate should be prescribed for display of advertisement by way of hoardings / boards / posters etc. is the prerogative of the Corporation. Since the Corporation is inclined to revise the prevailing rates, we refrain from making any further observation in that regard.

(3.) It is not in dispute that no hoardings / boards / posters can be put up in public places and more particularly on roads without seeking prior permission of the Corporation. Section 244 of the Bombay Provincial Municipal Corporation Act, 1949 ( hereinafter referred to as "the Act of 1949" for the sake of brevity ) makes provision regarding sky signs and advertisements. Section 245 of the Act of 1949 provides for regulation and control of the advertisements. The said provisions read thus :