Today, Kerala High Court stressed the importance of addressing and preventing "visual pollution." It instructed committees dealing with unauthorized boards and banners to levy a fine of Rs. 5,000 per board, following The Kerala Municipality Rules of 1999.
Justice Devan Ramachandran expressed concern that boards and banners, often placed without authorization by political parties, religious groups, and film promoters, mar the aesthetics of our cities.
The Court emphasized that citizens, as per Article 51A of the Constitution, bear a fundamental duty to safeguard the city's aesthetics. It also highlighted the importance of addressing "Visual Pollution," asserting every citizen's right to a pleasing environment.
In this case, it's not just the proper disposal of public waste that's vital but also the concern of visual pollution, recognized by the civilized world. Every citizen has the right to a pleasing environment, and any action that undermines this for selfish or vested interests is an offense deserving significant penalties.
The Court consequently postponed the case, instructing the Committees to promptly eliminate all boards that contravene the Court's orders throughout the State. Each board is to be penalized with a maximum fine of Rs. 5,000, covering removal costs and prosecution.
In today's hearing, Additional Chief Secretary Sarada Muraleedharan appeared online and briefed the Court on the actions undertaken by the Corporation to remove unauthorized boards and banners. The Court commended the authorities for their efforts in this regard.
Ms. Muraleedharan informed the Court that, as per Rule 6 of The Kerala Municipality (Erection of Arches and Setting Up of Advertisement Boards in Public Streets and Public Places) Rules, 1999 (amended in 2021), a fine of Rs 5,000 can be imposed as a penalty for unauthorized boards and banners. The Court mandated that stringent action should be initiated against anyone involved in the unauthorized placement of these boards and banners.
"I am confident that the committees established by this Court should apply the maximum penalties specified in the Rules to every board. To achieve this, it's essential to identify and ascertain the individuals responsible for affixing or erecting these boards, the press responsible for creating them, and any other involved parties. In addition to registering FIRs against them, steps to recover the maximum penalties as per the Rules will be taken."
The Court additionally pointed out that there are a vast number of boards and banners being taken down in the cities, and if the government collects penalties, it could amass significant revenue. The Court emphasized that the failure of the committees to collect penalties would lead to a loss of public funds, which cannot be overlooked. Given that penalties will be enforced, and prosecutions will be initiated, the Court granted a 7-day window for individuals to voluntarily remove such unauthorized boards and banners.
"Despite this Court granting ample time for the removal of boards by those who installed them, the fact that they persist on the streets demonstrates a disregard for the law by these individuals. Generally, they should not be granted any leniency. However, since this Court is now issuing a definitive order, I direct the committees to commence action according to the aforementioned instructions seven days from today. This grace period allows those who have placed boards illegally to voluntarily remove them, considering the severity of the penalty and prosecution that may follow."
TAGS: Court order Removal of boards and banners Lack of respect for the law Affirmative order Committees Grace period Voluntary removal
