Castigating the Bruhat Bangalore Mahanagara Palike (BBMP) for attempting to ‘protract and drag for indefinite length of time’ the process of preparing an advertisement policy and removal of metal structures put up illegally to display advertisements, the Karnataka High Court on Tuesday set August-end as the deadline for the civic body to come out with concrete outcomes on its advertisement policy as well as the process of removing illegal structures.
The court declined to approve the September 5 deadline, given by the BBMP in its August 12 public notice issued in newspapers asking building owners/advertisement agencies or firms to voluntarily remove illegal structures, and directed the BBMP to restrict the time for voluntary removal till August 30.
A division bench comprising Chief Justice Dinesh Maheshewari and Justice R. Devdas issued direction after terming the contents of the affidavit, filed by the BBMP commissioner, ‘vague and of uncertainty’. The bench was hearing PIL petitions against the menace of illegal flexes, banners, posters and advertisement hoardings.
The commissioner, in the affidavit, had stated that the geographical conditions, roads, zones, commercial and residential areas of Bengaluru differ from that of other cities, and features adopted from the advertisement policies of other States needs to be tuned on the actual and factual matrix of Bengaluru while pointing out that the BBMP council will take all steps to ensure that a comprehensive draft policy is rolled out as expeditiously as possible... after deliberations among the people concerned and who are directly or indirectly connected to advertisements.
However, the bench said the prima facie impression to be gathered from the propositions on the part of the BBMP is that, as regards finalising the advertising policy and as regards removal of unauthorised structures of advertisements, the BBMP is not proceeding with the expedition expected of it.
The bench also said that if no documents are produced, about grant of permission to erect metal structures, before the jurisdictional officers of the BBMP by August 20 as notified in the public notice, then there is no rationale to give time till September 5 for voluntarily removal of such unauthorised structures.
“Violators of law have to face consequences and no sympathy can be shown to them,” the bench orally observed.
Meanwhile, the bench directed the BBMP to issue a revised public notice modifying the deadline for voluntary removal of illegal metal structures and providing email addresses for submitting documents on grant of permission for putting up metal structures.
Further hearing adjourned till August 17.
All charge sheets to be dealt by one magistrate: HC
The Karnataka High Court on Tuesday directed the chief metropolitan magistrate to transfer to one magistrate’s court for analogous hearing of all the 200 criminal cases in which the city police have filed charge sheets, based on the evidences gathered through surveillance cameras and beat police, against several persons for illegally putting up banners, posters, hoardings in violation of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981.
A division bench comprising Chief Justice Dinesh Maheshwari and Justice R. Devdas issued the directions during the hearing of PIL petitions against the menace of illegal banners, posters and hoardings.
The bench also said that it expects the magistrate concerned, to whom such matters are transferred, to ensure that the cases are brought to their finality at the earliest, preferably before the end of this month. The bench made it clear that investigation reports to be submitted in the remaining 23 cases as well as future cases to be booked under the prevention of disfigurement law will also be transferred to the court of the same magistrate.
August-end deadline
However, the bench allowed continuation of a criminal proceeding initiated against the eight persons who were accused of obstructing/attacking BBMP officials and workers during a drive to remove illegal banners in Ramamurthynagar on August 2, before the 10th Additional Metropolitan Magistrate.
The court had given a three-day deadline to the city police to submit investigation reports on the 223 cases booked through inputs from surveillances. The police could not complete the probe in 23 case for want of information on persons who put up flexes/banners/posters.
“Bengaluru’s rating will go up if BBMP improves its rating”
The High Court on Tuesday observed that the rating of Bengaluru will go up if the BBMP improves its rating by effectively discharging its functions.
A division bench comprising Chief Justice Dinesh Maheshwari and Justice R. Devdas made this remark orally while referring to reports in the media about the Ease of Living Index-2018, released by the Ministry of Housing and Urban Development, in which Bengaluru has been given the 58th rank among 111 cities in India.
The bench made the remark as all the advocates representing the petitioners who have filed PIL against illegal flexes and banners, as well as some of the advertisement agencies, have pointed to lapse on the part of the BBMP in carrying out its statutory functions.
Plastic ban
The bench on Tuesday also asked the BBMP to ensure that the ban on manufacture, supply and use of certain types of plastic products does not remain on paper, and asked the BBMP to inform the court about the methodology to be adopted to dispose the removed/seized flexes and banners.