No flags in private housing societies without our permission: BMC to Bombay High Court

The Brihanmumbai Municipal Corporation (BMC) on Tuesday told the Bombay High Court that no flags—whether in public or private spaces—can be displayed without the explicit permission of the Corporation. .The submission was made in response to a petition filed by retired military officer, Captain Haresh Gaglani, who raised concerns about the unauthorized display of political flags in his cooperative housing society in Sion.Gaglani’s complaint, filed in November 2023, concerned five flags displayed on the road-facing wall of his society. After his efforts to address the issue with the society’s secretary failed, Gaglani sent formal complaints to the BMC’s Assistant Municipal Commissioner and later issued a legal notice. With no response from the corporation, he filed a petition with the Bombay High Court in February 2024 through advocate Darshit Jain.A Bench of Justice Revati Mohite Dere and Justice Neela Gokhale had previously reprimanded the BMC for not addressing whether flag displays are permissible in private housing societies. In its earlier affidavit, the corporation had primarily focused on defacement policies for public spaces, and had failed to clarify its stance on private housing societies. .As a result, the Court had ordered the corporation to submit a revised affidavit which was presented on Tuesday.According to the affidavit filed by the Senior Inspector of the F/North ward, the display of any flag or banner, whether in public or private spaces, requires explicit permission from BMC. The only exceptions are during elections and the Navratri and Ganesh festivals, it was stated. "Without the written permission of the competent authority i.e. the officer authorized by Municipal Commissioner, the permanent or temporary display of flags of political parties, advertisements etc. is not at all permissible. The restriction applies to both private and public places," the affidavit clarified. .In the case of a private housing society, permission to display a flag/banner can be granted only if the concerned landowner, house owner or society provides a no objection certificate (NOC). .The BMC’s affidavit further outlined the procedures for handling complaints about unauthorized displays of flags, posters, and banners. According to the affidavit, the BMC’s Senior Inspectors conduct daily drives from 8 AM to 10 AM and 3 PM to 5 PM to remove illegal displays on public property, such as roads and footpaths. They maintain a register of complaints received via various channels, including in person, by post, email. WhatsApp, Twitter and the BMC’s online portal. The register also tracks the actions taken to resolve these complaints.Additionally, a circular issued by the BMC’s License Department on December 27, 2024, provides detailed guidelines on handling complaints related to flag/banner displays. .Despite these provisions, the Court, expressed dissatisfaction with the BMC’s implementation of the law. The Bench pointed out that most flags and banners are put up at night, and removing them the following day is insufficient after the purpose is served. "You receive a complaint that a flag has been put up, and you remove the flag the next day. The response time has to be fast. What is the purpose in pulling down the flag the next day? It’s put up at night. You can go in the night and remove it. That should be your response time," the Court stated. .Time is of essence in such cases, the Court opined.The Court also suggested that in certain cases, FIRs should be filed against those responsible for illegal flag displays. Referring to a recent incident in Thane, the Court mentioned, "You can go in the night and remove it... there should be some repercussion." The Thane Municipal Corporation had removed several illegal hoardings and filed FIRs against those responsible for putting up illegal banners and hoardings after a sitting judge of the Supreme Court, Justice Abhay Oka, raised concerns about the multiplicity of illegal hoardings..While the Court acknowledged that filing FIRs for every instance might not be necessary, it stressed the importance of holding individuals accountable.In response, the BMC counsel indicated that the petition would be considered as a representation and an order would be passed within four weeks after hearing from all parties including Gaglani, the housing society and the individuals who allegedly put up the flags. The Court will hear the matter again after six weeks to ensure compliance.