It’s not a fundamental right to erect hoardings, says Bombay High Court

Mumbai: The Bombay HC on Monday held that it wasn’t a fundamental right of any individual or authority to erect a hoarding anywhere and instead local civic bodies can impose reasonable restrictions. The HC has accordingly asked an ad firm to remove its hoardings just outside International Airport near Juhu Tara Road.

A division bench of Justice Satyranjan Dharmadhikari and Justice Bharati Dangre ruled, “There is no indefeasible right in an individual to erect such hoardings or nor a right vested in an authority to commercially exploit the use of land by erecting hoardings since it at times not only creates physical obstructions but it would also impede the free and safe movement of traffic of pedestrians and vehicles… Such hoardings are likely to attract attention of drivers and, in turn, impede safe and free movement of traffic by causing obstruction.

It is, therefore, necessary to regulate the right to erect such hoardings since no one can claim it as their fundamental right to carry on business and earn money by putting up such hoardings. The said right can be curtailed by imposing reasonable restrictions in the larger public interest,” they said.