Kerala HC flags failure of K-SMART system in tackling illegal hoardings, suggests WhatsApp-based mechanism

The Kerala High Court on Thursday flagged serious shortcomings in the K-SMART grievance redressal system used for the removal of illegal hoardings and suggested that authorities adopt a WhatsApp-based complaint mechanism similar to the one used by the Local Self Government Institutions Department to curb roadside waste dumping.

Justice Devan Ramachandran made the observation while considering a review petition in a case relating to the installation of unauthorised flags, banners, hoardings and festoons. The court had earlier declared such installations illegal and liable to fines and penal action.

During the hearing, amicus curiae Advocate Harish Vasudevan submitted that complaints uploaded on the K-SMART portal were being closed mechanically without any meaningful examination or follow-up action. He placed a report before the court highlighting multiple violations of its earlier directions, including in Thiruvananthapuram.

Stressing the need for a more effective and citizen-friendly mechanism, the amicus suggested adopting the WhatsApp-based model developed by the LSGI Department, under which citizens can lodge complaints through a dedicated number. The system also includes an incentive mechanism in which a portion of the fine collected is shared with the complainant.

Supporting the submission, counsel for the Central Pollution Control Board told the court that the LSGI Department had already implemented the WhatsApp platform pursuant to earlier High Court directions. The Standing Counsel for the State Election Commission said efforts were made during the last local body elections to remove unauthorised boards and flags, including from private properties.

Prima facie, the court observed that the largely uncontested submissions revealed the need to empower LSGI Secretaries while also fixing personal accountability. It noted that despite earlier judgments emphasising accountability, enforcement remained ineffective in the absence of specific directions.

The court expressed concern over the ineffectiveness of the K-SMART platform, observing that complaints were being disposed of merely by marking them as closed. It said the WhatsApp-based model appeared to be the most feasible alternative in the present scenario and directed the government to take steps to implement it.

The court also pointed out that its earlier directions requiring Joint Directors of Urban Affairs to supervise enforcement were not adequately reflected in a government order issued on January 7, 2016. Referring to continued violations, the court said they reflected a callous approach by authorities and warned that vested interests could not be allowed to undermine the rule of law.

The government was directed to place a comprehensive action-taken report before the court before the next hearing, along with independent reports from the Joint Directors of Urban Affairs. Authorities were also asked to formally adopt the WhatsApp-based complaint mechanism and detail its operation, including the number to be used.

Warning that timelines for action had already expired, the court said Secretaries would be personally accountable for every unauthorised board in public spaces and cautioned that further action, including recovery of losses to the exchequer, could follow. The matter has been posted for further consideration after three weeks.
(With LiveLaw inputs.)