Kochi: The Kerala High Court here on Thursday issued a detailed order asking the state government to expedite steps to remove unauthorised boards, banners, hoardings, flags and festoons. In the set of directions, the court termed the installation of boards, hoardings, flags on public places illegal and liable to fine and penal action. Justice Devan Ramachandran in the order said that secretaries of the local self-government institutions must take the responsibility to remove such illegal displays from public places.

He explained the concepts of 'Visual Pollution' and 'Destination Aesthetics' to ensure that authorities and policy makers realise the significance of removal of illegal boards/hoardings from public places. The Court observed that these concepts have not drawn the attention of authorities in our State.

“Visual Pollution” - which, in its most simplistic connotation, means the impairment of one's ability to enjoy a vista or a view - and its impact on safety, health and environment, leading to effective legislations against it, our civil officials, Authorities and politicians remain totally occluded to it often contributing to it unmindfully," the court explained.

The High Court observed that this was "particularly a shame in our small State", touted to be the "Gods Own Country", which is bestowed with natural beauty in abundance. The court also pointed out the lapses of the local government authorities in taking action against the illegal practice.

The court passed the order while considering a 2018 plea concerning unauthorised boards/ banners in public places. The court had earlier ordered that fine of Rs. 5,000 will be collected for every unauthorised board installed in public places.

The directions of the court are as follows:

1. Installation of unauthorised boards, flags, festoons etc. is illegal and liable to fine and penal action as per law.

2. Non-removal of illegal boards, banners, hoardings, flags and festoons, as on today or in future, shall become the personal responsibility of the Secretaries of the local self-government institutions. These officials are responsible for collection of fine, collection of cost for removal, registration of FIR, action to be taken against advertising agency/press etc.

3. State Police Chief must ensure full compliance of government orders and circulars by all station house officers and  take action for violations.

4. Joint Directors of local self-government institutions/convenors of district monitoring committees must ensure necessary review meetings and calling reports from Secretaries of local self-government institutions.

5. Election Commission of India and State Election Commission of Kerala must comply with orders of the Court and government orders and to ensure that there no violations during the elections. The Court further stated necessary directions to be added in the model code of conduct in future.

6. Road Safety Authority directed to ensure compliance under Section 14 of the Kerala Road Safety Authority Act, 2007 and to take steps.

After issuing the detailed instructions, the court directed the Secretaries of local self-government institutions to file the first action taken report before the Court by April 12, 2025. The court has also directed Secretaries of local self-government institutions to file report regarding establishment of internet platform where citizens can raise their complaints regarding illegal hoardings.
(with Live Law inputs)