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Synopsis

The Kerala High Court has directed authorities to impose a maximum fine of Rs. 5000 on individuals who install unauthorized boards on public places and streets.

Justice Devani Ramachandran was presiding over a petition related to the problem of addressing illegal hoardings placed in public areas.

The high court emphasized that citizens have the right to enjoy a pleasant environment.

“..also the angle of “Visual Pollution”, which is something to be taken grave note of by the civilized world. It is the right of a citizen to have pleasing environment and any action by perpetrators to defy this for selfish and vested reasons, certainly is an offence which must attract sufficient penalties,” the order reads.

The high court acknowledged that the violators should not receive any leniency. However, it decided to grant them a seven-day grace period to remove the hoardings in order to avoid fines and legal action.

The bench also noted that given the financial constraints faced by the state, the thousands of illegal billboards could have served as a source of revenue for the government.

“When our State is going through stated financial constraints - which is evident from various other cases that come to the notice of this Court - one fails to understand how this source of revenue can be given up, particularly when thousands of boards have been removed on regular basis; and going by the statistics furnished in this case from its inception, the number of boards already removed would perhaps be running into several lakhs,” the order states

Therefore, the court directed the Secretary of the Local Self-Government Department to communicate this order to the Committee established by the Court and the Secretaries of the various Local Self-Government Institutions through an appropriate circular.

The case is scheduled to be heard on November 22, 2023.

 Case title: St. Stephen's Malankara Catholic Church Kattanam Village v State of Kerala