The Karnataka High Court has issued a notice concerning a petition challenging a scheme intended to regularize "illegal" digital advertisement hoardings. This legal challenge raises significant questions about the proliferation of such structures, particularly those erected on private properties.
The core of the petitioner's argument centers on the contention that many of these digital hoardings, specifically the bright, rapidly changing LED/LCD displays, present a clear danger to motorists and pedestrians, thereby increasing the risk of accidents. Furthermore, the petition highlights that a substantial number of these electronic hoardings were erected during a period when commercial hoardings were officially banned by the court following previous interventions. This period was followed by a resolution from the erstwhile Bruhat Bengaluru Mahanagara Palike (BBMP) council, which unanimously prohibited commercial hoardings on private land and public pathways to preserve the city's aesthetic and ensure safety. The establishment of the BBMP Outdoor Signage and Public Messaging Bye-Laws, 2018, stemmed from this decision. The petitioner explicitly labels these digital hoardings as "visual pollution," asserting that their presence infringes upon the fundamental right to a healthy environment, as guaranteed under Article 21 of the Constitution.
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The court's intervention comes amid a long-standing struggle to control unauthorized signage in Bengaluru. Previous directives from the High Court have seen authorities warned of contempt proceedings if orders to remove illegal hoardings were not adequately enforced. The court has previously expressed exasperation at the continued appearance of new illegal hoardings despite efforts by the Municipal Commissioner and the Bengaluru Police Commissioner. Judges have urged for a more proactive and continuous mechanism for their removal, with one bench even suggesting a move from "first gear to fifth gear" in executing compliance orders, and imposing fines of ₹1 lakh for each encountered instance of an illegal hoarding.
New By-laws and Enforcement Woes
In an attempt to address the persistent issue, the BBMP has informed the Karnataka High Court about the approval of new by-laws aimed at combating illegal hoardings and flex banners. These by-laws, currently open for public objections before notification, are intended to incorporate strict penalties to deter violations and mandate continuous monitoring. The court has emphasized the need for these measures, especially to prevent hazards during the monsoon season when such installations can become more dangerous.
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Efforts to enforce existing regulations have involved the formation of 196 enforcement teams and the identification of 282 printing presses, with orders issued against 277 of them for printing unauthorized materials. Raids have led to the seizure of flex materials. The court has also stressed the necessity of better coordination between civic authorities and the city police in executing directives for hoarding removal.
A Pattern of Legal Scrutiny
This latest notice is part of a broader legal landscape where the Karnataka High Court has been actively scrutinizing issues related to public spaces and civic governance. Past petitions have addressed the disposal of long-standing PILs against illegal hoardings and highlighted a lack of fines for such violations. The court's engagement signifies a sustained judicial focus on the management and regulation of public advertising, including digital formats, and their impact on the urban environment and public safety. The scope of these regulations might even be considered for expansion to cover the entire state in future proceedings.
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