Can flags be put up in private housing society premises? Bombay High Court asks BMC

The Bombay High Court on Tuesday asked the Brihanmumbai Municipal Corporation (BMC) to explain whether it is permissible for residents of private housing societies to put up flags in the society premises and whether there is any mechanism for dealing with complaints against such erections..A Division Bench of Justices Revati Mohite Dere and Neela Gokhale expressed dissatisfaction with the affidavit submitted by the civic body, stating that it failed to address key concerns raised by the Court during the previous hearing. “We are not at all happy with the affidavit. You will act on it (our order) and you will tell us how it's done (complaints are addressed),” the bench observed.The Court was hearing a petition filed by a retired military officer, Capt. Haresh Gaglani, who had moved the Court over the BMC’s inaction on his complaint regarding political flags being put up in his housing society. .Gaglani, a resident of a Cooperative Housing Society in Sion, had first raised the issue on November 19, 2023, when he saw five flags put up by a neighbor on the road-facing compound wall. He wrote to the society’s secretary and when no action was taken, he formally complained to the assistant municipal commissioner of F North ward on November 20. On January 24, he sent a legal notice to the BMC, but with no response forthcoming, he filed a petition in February last year, arguing that such politically motivated flags should be removed immediately..During the last hearing on February 7, the court had specifically asked the BMC to clarify what action it would take in such cases.However, on Tuesday, the Bench found that the affidavit submitted by the civic body only referred to its defacement policy, which applies to public spaces, and failed to clarify whether flags could be displayed in private housing societies.“You are talking about advertisements… We are not concerned about advertisements. This is different… This has nothing to do with the matter at hand,” Justice Mohite-Dere remarked..The Court also noted that the affidavit failed to explain the procedure for handling complaints, including how grievances are received, processed and acted upon.The Court stressed on the need for prompt action. “If somebody violates the law, won't you take action against them? Why should the High Court have to step in? You have to take action according to the law.”The Bench further said that expecting citizens to visit ward offices every time to file complaints was unreasonable and suggested that the BMC should set up a toll-free number or an online portal to make the process more accessible.Therefore, the Court directed BMC to file a fresh affidavit clarifying its stance on the permissibility of flags in private housing societies and outlining a clear mechanism for handling such complaints.