Kerala High Court orders ₹5k penalty for every unauthorised board in public spaces

The Kerala High Court has ordered the State authorities to ensure that the maximum fine is imposed on those found installing unauthorised boards or such structures in public spaces and streets [St. Stephen's Malankara Catholic Church Kattanam Village v State of Kerala]..Justice Devan Ramachandran added that even though violators do not deserve any leniency, seven days' time may be granted so that such illegally installed boards may be removed to avoid a penalty of ₹5,000 (as prescribed under the Kerala Municipality Rules) per board. ."I am certain that the Committees now constituted by this Court must start imposing maximum penalty under the 'Rules' against every board …those who have created/erected it and every other individual involved, will have to be found out and identified, leading to FIRs being registered against them," the Court ordered. .The Committees constituted by the Court were, therefore, ordered to immediately remove every illegally installed board and impose a penalty of ₹ 5,000 per board, apart from imposing expenses for such removal. Prosecution should also be initiated, the Court said..The judge emphasized that the persistent presence of such illegally installed boards in the streets indicated a clear disregard for the law. He also underscored that it is not only solid waste and such pollutants that require redressal, but also "visual pollution" caused by illegal boards and hoardings. “'Visual Pollution' ... is something to be taken grave note of by the civilized world. It is the right of a citizen to have pleasing environment and any action by perpetrators to defy this for selfish and vested reasons, certainly is an offence which must attract sufficient penalties," the Court said. .The High Court was considering the issue of how illegal billboards, flexes, and banners on roads could be dealt with..On October 31, Court questioned why strict penalties were already not being imposed for each such unauthorised board. The judge pointed out that this was a missed opportunity for the State to potentially collect revenue worth crores of rupees, especially since the State of Kerala was said to be going through financial constraints."When our State is going through stated financial constraints - which is evident from various other cases that come to the notice of this Court - one fails to understand how this source of revenue can be given up, particularly when thousands of boards have been removed on regular basis," the Court's order said..The High Court proceeded to underscore that it was time to impose the maximum penalties for such on anyone found to have erected or created illegal boards, including by registering a First Information Report (FIR) against them..Justice Ramachandran has now instructed the Secretary of the Local Self Government Department to promptly notify the committees earlier constituted by the Court to tackle such issues of this development. The case will be heard next on November 22 at 1.45 PM..Additional Chief Secretary, Sarada Muraleedharan appeared in person. Amicus Curiae Harish Vasudevan assisted the Court. Additional Advocate General, Ashok M Cherian represented the State government. .[Read Order]