Karnataka High Court
Sri. Mayige Goda vs State Of Karnataka on 15 September, 2025
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NC: 2025:KHC:36517-DB
WP No. 57990 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C M JOSHI
WRIT PETITION NO. 57990 OF 2017 (LB-BMP)
Digitally BETWEEN:
signed by
SRIDEVI S SRI. MAYIGE GOWDA
Location: AGED 56 YEARS,
High Court SON OF SRI BOREGOWDA,
of Karnataka RESIDING AT NO.58, 9TH CROSS,
GANESHA BLOCK,
SARASWATHIPURAM,
BENGALURU- 560 096.
...PETITIONER
(BY SRI. G R MOHAN, ADVOCATE)
AND:
1. STATE OF KARNATAKA
URBAN DEVELOPMENT
DEPARTMENT, VIDHANA SOUDHA,
BENGALURU- 560 001
BY ITS PRINCIPAL SECRETARY
2. THE COMMISSIONER
BRUHATH BENGALURU
MAHANAGARA PALIKE,
BENGALURU- 560 001
3. THE COMMISSIONER OF POLICE
INFANTRY ROAD,
BENGALURU- 560 001
...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, ADDL. ADVOCATE GENERAL A/W
SMT. NILOUFER AKBAR, AGA FOR R-1 & R-3;
SRI. S.S.NAGANAND, SENIOR ADVOCATE
A/W. SRI.B.L. SANJEEV, ADVOCATE FOR R-2)
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NC: 2025:KHC:36517-DB
WP No. 57990 of 2017
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS
TO THE RESPONDENTS TO IMPLEMENT THE KARNATAKA OPEN PLACES
(PREVENTION OF DISFIGUREMENT) ACT, 1981 WITHIN THE BBMP LIMITS
OF BENGALURU BY FRAMING RELEVANT RULES AND REGULATIONS
AND DIRECT THE RESPONDENTS TO OBEY THE ORDERS AS PER
ANNEX-C DTD.17.07.2015 PASSED BY THIS HON'BLE COURT IN
W.P.NO.22810 OF 2012 AND OTHER CONNECTED WRIT PETITIONS IN
LETTER AND SPIRIT.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C M JOSHI
ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The petitioner has filed the present Public Interest Litigation petition inter lia, praying as under:
(A) Issue Writ of Mandamus to the Respondents to implement the Karnataka Open Places (Prevention of Disfigurement) Act, 1981 within the BBMP Limits of Bengaluru by framing relevant Rules and Regulations;
(B) Direct the Respondents to obey the orders as per Annexure 'C' dated 17-07-2015 passed by this Hon'ble Court in W.P.No.22810 of 2012 and other connected Writ Petitions in letter and spirit;
(C) Pass such other order or orders as this Hon'ble Court may deem fit in the facts and circumstances of the case in the interest of justice and equity.-3-
NC: 2025:KHC:36517-DB WP No. 57990 of 2017 HC-KAR
2. The petitioner claims that he is a social activist and also the Secretary of the Karnataka Labour Welfare Federation. The petitioner points out that the Government of Karnataka had enacted the Karnataka Open Places (Prevention of Disfigurement) Act, 1981, which received the assent of the President of India, on 28.08.1982. The petitioner contends that in terms of Section 10 of the said Act, the State Government is required to make rules for implementation of the provisions of the said Act.
3. The learned counsel for the petitioner has highlighted that there are several hoardings on the road side, which cause disturbance to the safe traffic movement and that in terms of the orders passed by the Supreme Court in the case of M.C. Mehta Vs. Union of India and others1 the same were required to be removed. The petitioner submits that despite the orders for removal of illegal hoardings, no precipitative action has been taken to prevent erection and construction of illegal hoardings and their removal. He also points out that recently, a hoarding, which was erected near Mantri Square on Sampige Road, Malleshwara, Bengaluru, had fallen down and injured a person. 1 (1997) 8 SCC 770 -4- NC: 2025:KHC:36517-DB WP No. 57990 of 2017 HC-KAR
4. It is stated that the respondents have now framed the Bruhat Bengaluru Mahanagara Palike (Advertisement) Bye-Laws, 2024, in exercise of the powers conferred under Section 318 read with Sections 157 and 319 of the Bruhat Bengaluru Mahanagara Palike Act, 2020.
Bye-law 15 of the BBMP (Advertisement) Bye-Laws, 2024, is reproduced below:
"15. Removal of advertisements or displays. (1) In case of prohibited on unauthorized advertisements and displays,-
(i) no advertisement or display or its infrastructure which is prohibited or without valid permission or otherwise violates any of the provisions of these bye-laws shall be erected or continued to be displayed;
(ii) if the same comes to the notice of the BBMP, it shall be removed or demolished by the Chief Commissioner or the Special Commissioner (Advertisements) or the Zonal Commissioner or the Joint Commissioner, after a written notice of seven days in Form-VII:
Provided that any unauthorized erection or display of advertisement on road or footpath or any land or property owned by the Government or BBMP or any Government owned Public Sector Unit or agency may be removed or demolished immediately without any written notice.
(iii) In case of illegal or unauthorized advertisements or displays or flexes or banners, apart from being removed or demolished, both the persons responsible for erecting the same and the persons on whose private property such illegal or unauthorized -5- NC: 2025:KHC:36517-DB WP No. 57990 of 2017 HC-KAR advertisements or displays or flexes or banners have been erected, shall be liable for criminal action under the applicable laws-including under the Karnataka Open Places (Prevention of Defacement) Act 1981, the BBMP Act 2020, Bhartiya Nyaya Samhita, Prevention of Destruction and Loss of Property Act, 1981, Prevention of Damage to Public Property Act, 1984.
(iv) apart from the removal or demolition, in case of private lands or properties, the owner of the property or land where infrastructure for unauthorized advertisement was created or unauthorized advertisement was displayed, is liable to pay penalty at the rate that is twice the rate fixed in auction/tender for the said road or circle or area:
Provided that where no such rate has been fixed then at twice the rate fixed in auction/tender for the nearest road or circle or area or twice the Minimum Advertisement Fee fixed for the said road or circle or area, whichever is higher.
(v) the recovery of penalty shall be together with the cost of removal of the unauthorized advertisement infrastructure and the advertisement or display,
(vi) the penalty shall be liable to be paid from the date of erection of infrastructure to display the advertisement:
Provided that the BBMP reserves the right to recover the above dues for unauthorized advertisement from the advertiser instead of the owner.
Provided further that, the advertiser may be blacklisted from obtaining license for advertisement from the BBMP and in case he already has a license then his license shall be immediately suspended and then shall be cancelled after issue of seven days notice in Form-VII.
(2) in case of authorized advertisement in default of payment of advertisement fees or interest,
(i) any non-payment of advertisement fees or the interest as per the provisions of these bye-laws for -6- NC: 2025:KHC:36517-DB WP No. 57990 of 2017 HC-KAR advertisement or its infrastructure which is otherwise erected or displayed with permission or in accordance with these bye-laws, shall attract an interest at a rate of eighteen percent per annum for the period of the delay in payment. The method of calculation of delay shall be as specified under bye-law 3;
(ii) in case of default in payment, the Special Commissioner In charge of Advertisements or the Zonal Commissioner or the Joint Commissioner shall issue a Defaulter-Demand-cum-Show Cause Notice in Form-VIll demanding the payment of the advertisement dues and the applicable interest and penalties, if any;
(iii) the advertiser shall comply with the Defaulter-Demand-cum-Show Cause Notice or reply giving cause within seven days from the date of its receipt;
(iv) the Special Commissioner (Advertisements) or the Zonal Commissioner or the Officer, as the case may be, shall give an opportunity to hear the advertiser and pass the order, in not more than twenty days from the date of issuance of the original Defaulter-Demand-cum-show-
cause notice;
(v) the advertiser shall comply with the order immediately and in case the advertiser fails to comply with the order, then the concerned officer shall cause it to be implemented including the removal of the advertisement and/or recovery of the dues;
(vi) the approval or assignment of the advertisement rights in favour of such a licensed advertiser shall be immediately suspended and his license shall be cancelled after issuing a seven days notice in Form-VIII and order issued thereupon and he shall be blacklisted by the concerned officer who initiated the action; and
(vii) in case of failure to pay the advertisement fee, penalty, interest etc. within fifteen days of the order in this regard, the same may be recovered along with the cost of such a removal, from the advertiser or the owner of the property or land as arrears of advertisement fee and in -7- NC: 2025:KHC:36517-DB WP No. 57990 of 2017 HC-KAR the manner specified for recovery of the same under these bye-laws.
5. The petitioner states that, in view of framing of the aforesaid Bye-laws, the grievance of the petitioner stands addressed. He submits that the present petition be disposed of with a direction to the concerned authorities to ensure the implementation of the Bye- law No.15 of the BBMP (Advertisement) Bye-Laws, 2024.
6. Learned counsel appearing for the BBMP submits that the said Bye-laws would be implemented.
7. In view of the said statement, no further order is required to be passed in this petition. The petition is, accordingly, disposed of.
8. Pending applications also stand disposed of.
Sd/-
(VIBHU BAKHRU) CHIEF JUSTICE Sd/-
(C M JOSHI) JUDGE BMV* List No.: 1 Sl No.: 24