Un authorised hoardings can be removed without following rules of natural justice.

1. In all these writ petitions the petitioners are eager to retain the hoardings erected either in the public places or buildings belonging to the Government, Local bodies, corporations or in the private places, without being checked or regulated by any legislation.

2. The petitioners in W.P.Nos.11453 of 1998, 10747 of 1998 9908 of 1999 and 6808 of 2000 have filed the said writ petitions challenging provisions of Act 51 of 1998.

3. The petitioner association in W.P.No.18928 of 1999 has challenged the public notices issued by the Commissioner, Corporation of Chennai as notified on 4.10.99 informing that the hoardings for which applications were not filed would be treated as unauthorised hoardings and the same will be removed exercising powers under S.326 of Chennai City Municipal Corporation Act.

4. The petitioners in W.P.Nos.16614, 16618, 16621, 16631 and 16651 of 2000, 17888, 18218, 18219, 18220, 18646, 18647, 18661 & 18662 of 2000, 901, 908, 909, 937, 938, 947, 1609 and 1610 of 2001 have challenged the provisions of the Tamil Nadu Act 26 of 2000.

5. Before dealing with grievances and contentions of the petitioners, it is beneficial to narrate the necessary facts in a nutshell to appreciate the contentions made on behalf of the petitioners, properly.

6. On the basis of authority given in the Board Standing O.23-A, various Departments leased out the vacant sites for erection of hoardings to the individuals or Companies on the basis of the lease amount fixed by the respective Departments. Equally, within the City of Chennai, the Collector of Madras used to give permission for temporary occupation of specified places fixing the annual lease rent for the purpose of erecting hoardings. In the order in G.O.Ms.No.3063, Revenue Department, dated 24.11.1972, the Government gave power to the Collector of Chennai to grant fresh lease in respect of road margins for a period of two years for erection of hoardings for advertisement purpose subject to the conditions stipulated therein.

7. When it was brought to the notice of the Government that some advertisers who displayed the hoardings did not pay the advertising charges either to the Government or to the Corporation of Chennai, another order in G.O.Ms.No.1672, P.W.D. Department dated 20.11.74 was passed to the effect that the Collector of Madras would be the authority to grant lease of all the lands of the Corporation and the public lands to advertising agencies and others to put up hoarding in the City of Chennai. A standing Committee was constituted for the purpose of locating the places in the City of Chennai for putting up hoardings and ascertaining the views of the Departments occupying the Government lands before deciding the sites for permitting the erection or such hoardings. It is also stated that the Committee should evolve the guidelines in order to ensure that the uniform criteria are adopted in assessing the suitability of the sites with particular reference to traffic including pedetrain traffic needs. The other conditions mentioned in the said Government Order are not necessary for the present purpose. So we are not referring the same.

8. Subsequently, in the order in G.O.Ms.No.908, Public Works Department Dated 21.6.76, the Government accepted the revised rate of lease rent for the period of one year initially for the new leases. The Standing Committee was given liberty to go into the matter and suggest different rates and guidelines also have been contemplated in the said Government Order for that purpose, in the annexture to the order, procedures were contemplated for allotting sites for advertisement of hoardings in Government, Corporation and public lands.

9. Similarly, in G.O.Ms.No.209 Rural Development and Local Administration Department dated 27.2.1978, the Commissioner, Corporation of Madras was also authorised to lease out the sites belonging to the Corporation, for the purpose of putting up Hoardings. Subsequently, by the order in G.O.Ms.No.575. Trans