Ad hoardings on streets infringe on fundamental rights

Ad hoardings on streets infringe on fundamental rights
Vijay Times News

Bangalore: Putting up temporary structures has often come in for criticism for affecting movement of public The mandatory permission as stipulated in the Karnataka Municipal Corporation Act is also usually not sought. With festival season round the corner, VT examines a case in this regard addressed by the Karnataka High Court.

The Court judgment related to a case involving a private advertising firm and the Bangalore City Corporation(BCC).

The court said that all kinds of advertisement hoardings cannot be erected "anywhere and everywhere." Observing that public safety on the footway was primordial, it said allowing of advertisement hoardings on the streets would infringe on the fundamental rights, life, liberty and freedom of a citizen and would also be prejudicial.

Case on hand:
An advertising firm challenged the actions of the BCC which held that licence granted to put up display arches, banners and cutouts was illegal. The banners and cutouts were temporary and were put up on the far end of Commercial Street.

A bare reading of the provisions states
-No pandals or temporary structure shall be erected in any street, land or public thoroughfare, without written permission
-The commissioner shall grant permission only if there is no objection.
-No pandal shall be ordinarily allowed to stand for more than 15 days
-An extension may be granted on payment of additional fee but the same shall not exceed one month

The court said a conjoint reading of the advertisement bylaws leaves no room for doubt that all kinds of advertisement hoardings cannot be erected anywhere and everywhere. The object of such a regulation would be to ensure safety, cleanliness and order. The erection of a pandal across the street is not the same as displaying an advertisement. In the case of a pandal the entire street is affected, it said.