Bombay High Court
Mr. Imtiyaz Mahiboob Bagwan vs The Chief Executive Officer Karad ... on 16 June, 2022
Author: M. S. Karnik
Bench: Dipankar Datta, M. S. Karnik
31. cp 11-16 & ors.
Diksha Rane
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally
signed by
DIKSHA
DIKSHA DINESH
DINESH RANE
RANE Date:
2022.06.27
20:16:42
+0530
CONTEMPT PETITION NO. 11 OF 2016
High Court on its own motion ..Petitioner
vs.
Ashish Shelar & ors. ..Respondents
WITH
PUBLIC INTEREST LITIGATION NO. 25 OF 2013
Mayur Mahesh Pathak ..Petitioner
vs.
Maharashtra State Environment
Authority & ors. ..Respondents
WITH
PUBLIC INTEREST LITIGATION NO. 45 OF 2009
Milan Vasant Mhatre ..Petitioner
vs.
The State of Maharashtra & ors. ..Respondents
WITH
PUBLIC INTEREST LITIGATION NO. 77 OF 2014
Ratan Soli Luth ..Petitioner
vs.
State of Maharashtra & ors. ..Respondents
WITH
PUBLIC INTEREST LITIGATION NO. 78 OF 2008
Janhit Manch & ors. ..Petitioners
vs.
The State of Maharashtra & ors. ..Respondents
WITH
CONTEMPT PETITION NO. 210 OF 2018
Qaneez-E-Fatemah Sukhrani ..Petitioner
1
31. cp 11-16 & ors.
vs.
Saurabh Rao, Municipal Commissioner
& ors. ..Respondents
WITH
PUBLIC INTEREST LITIGATION NO. 136 OF 2009
Prabhakar V. Chaudhary ..Petitioner
vs.
Thane Municipal Corporation (through
the Commissioner of Thane Municipal
Corporation) & ors. ..Respondents
WITH
WRIT PETITION NO. 13726 OF 2018
Imtiyaz Mahiboob Bagwan ..Petitioner
vs.
The Chief Executive Officer Karad
Nagarparishad & ors. ..Respondents
WITH
PUBLIC INTEREST LITIGATION NO. 249 OF 2014
Qaneez-E-Fatemah Sukhrani & anr. ..Petitioners
vs.
The Commissioner Pune Municipal
Corporation & ors. ..Respondents
WITH
PUBLIC INTEREST LITIGATION NO. 155 OF 2011
Suswarajya Foundation,
Satara & anr. ..Petitioners
vs.
The Collector, Satara & anr. ..Respondents
WITH
CIVIL APPLICATION (ST) NO. 826 OF 2018
IN
PUBLIC INTEREST LITIGATION NO. 155 OF 2011
2
31. cp 11-16 & ors.
The State of Maharashtra through
the Minister/Secretary ..Applicant
vs.
M/s. Suswarajya Foundation
Satara & anr. ..Respondents
WITH
CIVIL APPLICATION (ST) NO. 1094 OF 2018
IN
PUBLIC INTEREST LITIGATION NO. 155 OF 2011
Election Commission of India,
through Chief Electrocal Officer ..Applicant
vs.
M/s. Suswarajya Foundation
Satara & anr. ..Respondents
WITH
CIVIL APPLICATION (ST) NO. 28641 OF 2018
IN
PUBLIC INTEREST LITIGATION NO. 155 OF 2011
The State of Maharashtra through
the Minister/Secretary ..Applicant
vs.
M/s. Suswarajya Foundation
Satara & anr. ..Respondents
WITH
CIVIL APPLICATION NO. 36 OF 2019
IN
PUBLIC INTEREST LITIGATION NO. 155 OF 2011
Zoru Darayus Bhathena ..Applicant
vs.
M/s. Suswarajya Foundation
Satara & anr. ..Respondents
3
31. cp 11-16 & ors.
WITH
WRIT PETITION NO. 2628 OF 2016
Solutions Advertising through
Proprietor Mr. Pravin Solanki ..Petitioner
vs.
Thane Municipal Corporation & ors. ..Respondents
------------
Mr Ravindra S. Pachundkar for Petitioner in CP/210/2018
Ms Paluck Bengali i/b S. Mohamedbhai & Co. for Petitioner
in PIL/77/2014
Dr. Uday P. Warunjikar for Petitioner in PIL/155/2011
Mr A.A. Kumbhakoni AG a/w Mr P.P. Kakade, GP a/w Mr
M.M. Pabale AGP for State
Mr A.Y. Sakhare, Sr. Adv a/w Ms K.H. Mastakar for Rsep
No.4&5/MCGM in PIL 78/2008 and PIL/155/2011
Mr Pradeep Rajagopal a/w Ms Drishti Shah i/b Ms Rekha
Rajgopal for Election Commision of India
Ms Heena Shaikh i/b M.V.Kini & Co. for Resp No.2 in
PIL/25/2013
Mr R.S. Apte, Sr. Adv a/w Ms Pooja R. Singh i/b Mr N.R.
Bubna for Resp.No.2 IN PIL/45/2009 for Resp No.1 in
PIL/136/2009 and for R.No.9/ Thane Municipal Corporation
& Resp No.17/ Bhiwandi Nizampur Municipal Corporation
and in PIL/155/2011
Mr Abhishek Chaturvedi a/w Mr Archit Manurkar i/b Sandip
Ghogare for Contemnor in CP/11/2016
Mr Abhijit P. Kulkarni a/w Ms Sweta Shah for Pune Municipal
Corporation/ R.No.1 in PIL/249/2014 & 6 in CP/210/2018
and for Resp No.6 in PIL/155/2011
Mr Sandeep D. Shinde i/b Ergo Juris for Resp No.11 in
CP/210/2018
Ms Kunjan Dave i/b Mr Aniruddha A. Garge for Resp No.6/
Navi Mumbai Municipal Corporation in PIL/78/2008 and in
CP/11/2016
Mr T.J. Pandian a/w Mr Dheer Sampat for Resp No.6/
Railways in CP/210/2018
Mr S.B. Shetye a/w Ms Priyanka H. Chavan for State
Election Commission/ Resp No.6 in PIL/77/2014
Mr Yuvraj Narvankar a/w Mr Roshan Sawant for Resp No.25
4
31. cp 11-16 & ors.
in PIL/155/2011 a/w CAI(ST)/826/2018
Ms Aparna Devkar i/b Mr M.I. Dhatrak for Chandrapur
Municipal Corporation in PIL/11/2016
Mr Pranil M. Khatavkar i/b Shriram S. Kulkarni for Resp
No.11/
Ms Gunjan Shah i/b Mr P.B. Shah for Resp No.2/ Satara
Municipal Corporation in PIL/155/2011
Mr Sandeep V. Marne for Resp No.4/ Navi Mumbai Municipal
Corporation in PIL/155/2011
Mr Pradeep J. Thorat a/w Ms Nazia Shaikh for Resp No.14/
Aurangabad Municipal Corporation in PIL/155/2011
Mr A.S. Rao for Respondent No.11/Kalyan Dombivali
Municipal Corporation in PIL/155/2011
Mr G.H. Keluskar for Resp Nos. 15 & 16 in PIL/155/2011
Mr Pramod Kathane for Resp No.12/ Nagpur Municipal
Corporation in PIL/155/20418
Mr. Abhijit M. Adagule for Resp No.18/ Kolhapur Municipal
Corporation in PIL/155/2018
Mr Shahed Ali Ansari for Resp No.20/ Nanded Municipal
Corporation in PIL/155/2011
Mr Anoop Patil for Resp No.23/ Latur Municipal
Commissioner in PIL/155/2011
Mr Swapnil Telang i/b Mr Umesh Mankapure for Resp No.24
in PIL/155/2011
Mr Hamid D. Mulla for Resp Mangalwedha Municpal Council
Mr Jitendra Gaikwad for Jalgaon Municipal Corporation
Ms Heena Khan i/b BJ Law Offices LLP for Resp No.19/Akola
Municipal Corporation in PIL/155/2011
Mr Harvinder Kaur Ragi i/b Ms Pooja Joshi Deshpande for
R.No.21
Mr Dinesh P. Adsule for Resp in Kulgaon Badlapur Nagar
Parishad
Mr Ajit Hon for Resp/ Shirdi Municipal Corporation and
Akkalkot Municipal Corporation
Mr Rohit Sakhadeo for Resp No.3/Nashik Municiapal
Corporation in PIL/155/2011
Mr Aditya S. Raktade i.b Mr Hemant V. Patil for Resp No.23
Latur Municipal Corporation in PIL/155/2011
Mr Sarang S. Aradhye for Panvel Municipal Corporation In
PIL/155/2011
5
31. cp 11-16 & ors.
Mr Suyash Khose a/w Mr Shraddha Pawar i/b Mr Dilip
Bodake for Resp No.1 in WP/13726/2018
Mr Vishwajit P. Sawant, Sr. Adv a/w Mr Prabhakar M. Jadhav
for Respondent Shivsena in PIL/37/2010.
------------
CORAM : DIPANKAR DATTA, CJ &
M. S. KARNIK, J.
DATE : JUNE 16, 2022.
P.C. :
1. During the course of the hearing, learned counsel appearing on behalf of the PIL petitioner pointed out that though the PIL petition was disposed of on January 31, 2017 by a detailed judgment and order, however, the situation at the ground level depicts a sorry state of affairs as illegal hoardings and banners continue to deface the areas within the limits of various Municipal Corporations and Municipal Councils.
2. With the assistance of learned counsel appearing for the parties, we perused the directions issued by this Court in paragraph 59 while disposing of the PIL petition. This Court issued comprehensive directions to the Municipal Commissioners, Chief Officers of the Municipal Councils, the District Collectors, the Nodal Officers to be nominated by the District Superintendents of Police as well as those by the Commissioners of Police. Apart from various measures indicated, the concerned authorities were directed to undertake comprehensive exercise for controlling and 6
31. cp 11-16 & ors.
curbing the menace of such illegal hoardings.
3. It is pointed out that despite directions issued by this Court obliging the authorities to act against such hoardings, mainly political, the measures undertaken are not all that effective. We, therefore, requested learned counsel appearing for the parties and learned Advocate General Shri Kumbhakoni to explore the possibility of suggesting some solution which may have the effect of nipping the menace of illegal hoardings in its bud, including enlightening this Court on the next occasion if there are any provisions in place imposing restraints on the printers, publishers or the makers of such illegal hoardings, flexes and banners.
4. We do not reproduce the directions of this Court in paragraph 59 of the judgment and order dated January 31, 2017 for the sake of brevity. Suffice it to observe that the Municipal Commissioners, Chief Officers of the Municipal Councils, the Commissioners of Police, the Superintendents of Police and the Nodal Police Officers are tasked to review the action taken by the concerned against such hoardings at regular intervals. Only by way of an illustration, the direction in Clause (y) of paragraph 59 calls upon the Director General of Police to issue directions to ensure that the Police Stations register First Information Reports for the offences punishable under the Defacement Act very promptly and without making the Municipal Officers to wait at the Police Stations for an inordinately long time. The directions are issued to the District Superintendents of 7
31. cp 11-16 & ors.
Police and the Commissioners of Police for appointing a Senior Officer who shall hold monthly meetings of the Police Officers under their respective jurisdictions to monitor registration of the First Information Reports under the Defacement Act and the investigation thereon.
5. Learned Advocate General to file a comprehensive report regarding the compliance of these directions. Such comprehensive report may be filed after calling for necessary information and details from the respective Commissioners of Police and the Superintendents of Police. Let such report be filed within six (6) weeks from today.
6. In the meantime, for further consideration of the matter, in the light of what we have observed herein above, list the matters on June 30, 2022, at 2.30 p.m. (M. S. KARNIK, J.) (CHIEF JUSTICE) 8