Authorities must strictly enforce regulations governing outdoor advertising to ensure public safety on roads, according to established statutes.

JUDGMENT

Dated this the 23rd day of June 2021 S.MANIKUMAR, C.J.

The issue involved in this public interest litigation is regarding the removal of flex and hoardings in the public roads belonging to the Local Self Government Institutions, State Government as well as the National High ways. Main reliefs sought for in this writ petition are as follows:

“1. issue a writ of mandamus, appropriate order or direction directing respondent No.3 to remove the advertisement boards, flex boards and flags of political parties erected illegally along the stretch starting from Ch.Km 342 to Km 348.382 (Edappally Junction to Vytila Junction) on NH47 Cochin Bypass.

2. Issue appropriate order or direction directing respondent No.3, 6, 8 and 10 to ensure that no advertisement boards, flexes or flags of political parties are erected illegally along the stretch starting from Ch.Km 342 to Km 348.382 (Edappally Junction to Vytila Junction) on NH47 Cochin Bypass.

3. Issue a writ of mandamus, appropriate order or direction directing respondent No.1 to 3 to remove the advertisement boards, flex boards and flags of political parties erected illegally on all public roads in the State in view of Exts.P4, P5 and P6.

4. Issue appropriate order directing 5th respondent to consider and dispose of Ext.P5 representation.”

2. The basic contentions raised in the writ petition is that unauthorised hoardings, flex boards and other installations are put up on the road and public properties without securing any permission from the local bodies/respective authorities of the State Government and the respective authorities of the Government of India. It is true that the Kerala Municipality Act , 1994, the Kerala Panchayat Raj Act , 1994, Kerala Highway Protection Act , 1999 and the Control of National Highways (Land and Traffic) Act , 2002 and other statutory enactments, provisions are made to regulate, putting up of installations on public streets and public places. But, in gross violation of the statutory provisions, installations are put up by political parties and business and other organizations thus creating difficulties to the general public in many ways. However, in spite of earnest efforts made by the petitioner, no action was taken by the statutory authorities to implement the provisions of the Act, and consequent to which the public at large are put to a lot of difficulties and inconveniences. It is also pointed out that due to the unscientific way of putting up of boards, hoardings etc., traffic congestions and accidents are occurring causing serious prejudice and inconvenience to the public.

3. Learned Government Pleader, on instructions, submitted that steps are being taken by the authorities to implement the provisions of respective statutes in its letter and spirit.

4. We have heard the learned counsel for the parties, and perused the pleadings and materials on record.

5. As regards the same issue, in a batch of writ petitions W.P.(C)

No.5218 of 2012 and connected cases, this Court has taken into account the relevant provisions of the respective statutes and issued the following directions to the State and Central Governments, local bodies and other stake holders, which have to take care of the policy formulated by the Government in accordance with the provisions of the Kerala Road Safety Act, 2007:

“56. In addition to the directions issued in Shani Johnson's case (cited supra), in the light of the statutory provisions, we dispose of the writ petitions with the following directions:

A) All the unauthorised arches, display boards, hoardings, placards, and banners with poles or frames, etc., fixed to and/or dug into the ground, which abuts the 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 erec