The Karnataka High Court recently comprising of a bench of Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum directed the State government to take prompt action for removal of unauthorized advertisements, hoardings, display boards of political functionaries and political leaders and also to remove photographs of political persons in respect of government projects.( H M Venkatesh v. State of Karnataka)
The bench then said, "The respondent State is directed to ensure that in future also, no display boards, unauthorized advertisements, hoardings at public places as well as in respect of various Government projects are displayed in future. The Government is directed to take prompt action in the matter keeping in view the Circular and the orders passed by the Hon'ble Supreme Court in W.P.(Civil) Nos.13/2003, 197/2004 and 302/2012 (Common Cause vs. Union of India)."
Facts of the Case
The petitioner (H M Venkatesh) before this Court has filed this present petition as a public interest litigation (PIL) for issuance of mappropriate writ, order or direction directing the respondents to take action and to remove unauthorized advertisements, hoardings, display boards of political functionaries and political leaders and also to remove photographs of political persons in respect of government projects.
While hearing the petition, the Karnataka High Court was informed that the State has already taken various steps for complying with the above directions and that in a meeting held under the Chairmanship of Secretary, Karnataka Govt, the Urban Development Department and all statutory bodies in the State including BBMP have been issued instructions to remove all such unauthorized hoardings.
Further, it was informed that a Circular was issued in August this year, to all local bodies to adhere to strict compliance and remove photos of people's representatives.
Contention of the Parties
The petitioner placed reliance upon an order passed by the Hon'ble Supreme Court in Common Cause vs. Union of India. He contended that in the light of the judgment delivered by the Court, the respondents are certainly under an obligation to remove all such display boards, advertisements, hoardings, etc., in terms of the order passed by the Hon’ble Supreme Court.
Courts Observation & Judgment
The court Following which noted, " In the light of the compliance report of the State Government and the action which has already been initiated, no further orders are required to be passed in the present PIL. However, the respondent State is directed to ensure that in future also, no display boards, unauthorized advertisements, hoardings at public places as well as in respect of various Government projects are displayed in future. The Government is directed to take prompt action in the matter keeping in view the Circular and the orders passed by the Hon'ble Supreme Court in W.P.(Civil) Nos.13/2003, 197/2004 and 302/2012 (Common Cause vs. Union of India).
With the aforesaid, the petition stands disposed of. "
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