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2025 Supreme(Online)(Ker) 30144

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Harish Vasudevan, J
VIJU – Appellant
Versus
CHIEF ENGINEER NATIONAL HIGHWAY – Respondent
Writ Petition | |



Advocates:
For the Appellants/Petitioners: Sri.Harish Vasudevan
For the Respondents: Sri.Shyam Prasanth

The court established that local government entities hold personal accountability for unauthorized installations in public spaces, reinforcing effective measures against visual pollution.

Headnote:(A) Kerala Municipality Act; Kerala Panchayat Raj Act; Indian Penal Code, 1860 - Sections 268 and 278; Prevention of Damage to Public Property Act, 1984 - Visual Pollution and Destination Aesthetics - Court addresses extensive visual pollution caused by unauthorized boards/banners, emphasizing legal responsibility for removal and prevention - Issues directives for effective action and accountability among local authorities. (Paras 9, 10, 11, 36, 40)

(B) Political liability - The court underscores the political accountability in addressing visual pollution despite existing laws and regulations. (Paras 6, 8, 30)

(C) Health and Safety - The placement of unauthorized boards poses risks to pedestrians and drivers, invoking health concerns. (Paras 12, 31)

Facts of the case:
The petitioner alleged obstruction of views due to large political banners, prompting a broader judicial review of visual pollution and unauthorized installations across Kerala.

Findings of Court:
The court affirmed control measures mandating local authorities to remove illegal boards, holding them personally accountable and imposing penalties for non-compliance.

Issues: Key questions involved the responsibilities of local authorities to prevent visual pollution, the legality of political banners, and the enforcement of existing regulations.

Ratio Decidendi: The court reiterated the duty of local governments to comply with legal directives for public safety and aesthetic standards, emphasizing a proactive approach to mitigate visual pollution.

Result: All circulars/orders of the government addressing unauthorized installations are declared binding.

Table of Content
1. visual pollution affects aesthetics and tourism. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. public spaces are often neglected and obstructed. (Para 7 , 8 , 9)
3. prior judgments recognized the problem but failed to enforce remediation. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20)
4. government actions and court directives aim to regulate illegal installations. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31)
5. judgment consolidates prior orders reinforcing legal responsibilities for unauthorized installations. (Para 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40)

JUDGMENT

Rarely, if not ever, has 'Visual Pollution' and “Destination Aesthetics”– so vital to tourism – seriously, if not at all, engaged the attention of the Authorities in Kerala. These concepts are widely used to describe the compounded effects of disorder, excess and clutter of various objects and graphics in the landscape; and the inevitable corollary of lack of visual appeal and aesthetics.

2. While many parts of the World have awoken to the pernicious effects of “Visual Pollution” - which, in its most simplistic connotation, means the impairment of one's ability to enjoy a vista or a view - and its impact on safety, health and environment, leading to effective legislations against it, our civil officials, Authorities and politicians remain totally occluded to it often contributing to it unmindfully.

3. This is particularly a shame in our small State, which is an eclectic God bestowed cornucopia of enchanting waterfalls, beautiful lagoons, meandering rivers, breath taking hill stations and other amazing natural scenarios - making it a traveller's dream and a tourist's fantasy.

4. Kerala is truly 'Gods Own Country' - buffeted by the warm winds of the Arabian Sea to the West and sheltered by the Western Ghats to the East; from resplendent tea plantations to rich jungles; from the stunning beaches to the maze of backwater canals cutting through rice fields - the viridity unfolds in varying shades of lush green, as the colour spectrum expands to accommodate its soul.

5. Nature having bestowed our State with such visual magnificence, it is our existential compulsion to protect and preserve it, maintaining the tenuous balance between ever expanding human activity and sustainable development.

6. But, alas, this is one sphere in which policy makers, civil enforcement officials and politicians have failed; and unfortunately political parties - to whom the citizens of this State would normally turn for guidance and leadership - have been the contributors to “visual pollution” and aesthetic violation, compounded by the obvious health and safety risks attached to it, by carelessly, thoughtlessly and without care of its consequences, placing and installing large boards, banners, flags, festoons and such other in every nook and corner of public spaces and streets. Private entities and individuals have also followed it, advertising themselves or their wares through such boards and banners, knowing fully well that they are illegal, but presumably emboldened on account of such installations by the political class and even parties in power.

7. A survey on tourist magazines would luculently show the endless appeals to enjoy beautiful destinations, displaying photographs of blue seas, green islands, sailing boats and splendorous sunsets. When it comes to urban tourism, such images are sold with expressions of beauty, cityscapes inviting to be walked, inviting lighting, cozy restaurants, etc. The quest of tourists is essentially for beauty. Aesthetics matter. In marketing tourism, the first thing travellers relate to is the image of the place and destination they visit. Neatness is one of the most essential parameters and tourists have an anticipated idea of what they want to see – and it is certainly not dirt or lack of order, but expect the aesthetics they had foreseen. Indubitably, tourist attractions or facilities, cityscapes and landscape

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