Chennai: The Madras high court on Thursday held that the erection of arches, placards and display boards, banners with poles etc., abutting into public streets and pavements and which obstruct free and safe movement of traffic or free and safe movement of pedestrians or obstructs visibility of drivers, is patently illegal.
The First Bench comprising Chief Justice Indira Banerjee and Justice M.Sundar gave the ruling while directing the authorities to remove all the illegal arches, hoardings, banners etc., erected on public roads and streets in connection with the centenary celebrations of former chief minister M.G.Ramachandran in Coimbatore, scheduled to be held on December 2.
When the Public Interest Litigation from DMK MLA from Singanallur assembly constituency N.Karthick came up for hearing on Thursday, Advocate General Vijay Narayan submitted that all illegal arches, hoardings, banners etc., are being removed.
The bench said its attention has also been drawn to news reports of the unfortunate incident of the death of a young engineer, which according to the petitioner, was by reason of erection of arches abutting into the road. The AG general submitted that the accident took place because a corporation garbage removal truck was being driven on the wrong side of the road. However, on a perusal of photographs and other materials, it appears that the accident may have been averted but for the arches abutting into the road. Of course, this observation was not to be construed as any finding of this court with regard to the cause of the accident. The fact remains that arches abutting into roads were hazardous to pedestrians and to traffic, the bench added.
The bench said, “All arches, display boards, hoardings, placards and banners with poles or frames etc., fixed to and/or dug into the ground, which abut into highways, public streets and pedestrian pavements shall forthwith be removed. No poles or frames or structures for arches, boards, placards, hoardings, display boards or banners shall be erected on any highway, public road, public passage or pedestrian pathway or pavement. Holes caused on pavements and roads by reason of erection of frames, poles, structures, placards, hoardings, display boards, banners etc., shall forthwith be repaired. This order will not, however, prevent the respondents (authorities) from erecting and/or permitting the erection/setting up of display boards, hoardings, placards and banners which do not abut into or obstruct pavements, pedestrian pathways, public streets and highways, strictly in accordance with law”.
The bench disposed of the petition, which sought to declare the erection of dangerous hoardings, banners, arches and flex boards etc., on public roads, passages and pedestrian pavements in Coimbatore city without permission from the competent authority, was illegal.
The bench said in the petition it was pleaded that the state government was celebrating the birth centenary of M.G.Ramachandran, former chief minister of Tamil Nadu, in various places in the state. There can be no doubt that the birth centenary of a former chief minister was an important occasion to celebrate.
Programmes and functions might undoubtedly be organised to mark the birth centenary of the former chief minister. The question was whether celebrations to mark the centenary of a leader warrants the erection of hoardings, banners, arches, flex-boards, display boards and the like in contravention of law. The answer to the aforesaid question cannot but be in the negative, the bench added.
