HC directs Municipalities, VPs to submit details of hoardings in their jurisdiction
PANJIM: The High Court of Bombay at Goa has directed the State authorities, Corporation of the City of Panaji (CCP), municipal councils and village panchayats and the National Highway Authority of India (NHAI) to submit present standing of all the present hoardings in their respective jurisdiction with acceptable details as to which of these hoardings are authorised and complying with the rules by November 10, this yr.
The Court order states that each one these authorities have to submit details with particular remarks that hoardings though permitted aren’t in any method a public nuisance in the sunshine of its observations. This info ought to be submitted in a tabulated kind setting out all details with regard to permissions and actions taken. Also a separate assertion has to be annexed to such an affidavit in regard to unlawful hoardings, the details of the motion taken or proposed to be taken in regard to such hoardings with particular reference to the time restrict inside which such hoardings could be eliminated.
The Court additional acknowledged that the affidavit must also specify the names of the businesses or land homeowners who’re ordinary in placing up unlawful hoardings. The authorities may also have to inform the Court as to whether or not any concrete departmental mechanism is devised to maintain info or preserve a database, in regard to the individuals who’re liable for placing up hoardings or unlawful hoardings together with the names of promoting businesses, corporations or organisations whose ads are the subject material of hoardings who additionally grow to be accountable for any illegality and nuisance attributable to such hoardings and ads being the final word beneficiaries having taken the business profit of such unlawful hoardings.
Apart from this, the Court has requested the respondent All Goa Hoarding Owners Association (AGHOA) to file an affidavit in the sunshine of the observations made by the Court and as knowledgeable by its counsel Adv Yogesh Nadkarni, that the affiliation would help the authorities and the residents of the State to carry a couple of regime to have solely authorized and permissible hoardings.
The NHAI can be directed to place on report its coverage in regard to hoardings affecting the nationwide highways.
During the listening to senior advocate Saresh Lotlikar who has been appointed as amicus curies, informed the court docket that the ghost of the unlawful hoardings continues to hang-out the cities, nationwide highways and different necessary locations of public curiosity. He mentioned there’s a steady exercise of unlawful hoardings being put up instantly after such hoardings are eliminated by the authorities. He mentioned many of these hoardings exceed the reputable authorized parameters as prescribed underneath the rules and are put up at such locations, thereby inflicting a public nuisance affecting the rights of the residents as assured underneath Article 21 of the Constitution of India.