May 9, 2022

Himachal High Court directed the Municipal Corporation to forthwith remove the hoardings

Vijyender Sharma

Shimla----The High Court of Himachal Pradesh, today in a matter pertaining to displaying hoarding/advertisements on the Heritage Zone, has directed the Municipal Corporation, Shimla to forthwith remove the hoardings/ advertisements displayed from the Rashtrapati Bhawan to Chhota Shimla, including the Ridge and Mall Road. The M.C. Shimla has been further directed to report   the   compliance of the Court's order by   tomorrow.  

 A Division Bench comprising Justice Tarlok Singh Chauhan and Justice Chander Bhusan Barowalia, passed these orders on a petition filed by one Shri Anil Kumar. The petitioner has alleged that Bhartiya Janta Party has displayed its hoardings from the Rashtrapati Bhawan to Chhota Shimla, including the Ridge and Mall Road Mall Road. The petitioner has alleged that more than 50 hoardings have been installed/displayed on this heritage zone. It has been also alleged that permission for government hoarding has been given erroneously as the size of government hoardings is more than prescribed. It has been further alleged that the respondents have permitted the political parties to install their hoardings in complete violation of guidelines issued vide notification in the year 2007, which provides that no advertisement/hoarding shall be allowed in the Heritage Zone especially on the stretches of road i.e. Mall Road starting from Rashtrapati Bhawan to Chhota Shimla including Ridge on the one side upto Regal Building (Lakkar Bazar) and on the other side along Ridge road to Mall via Rani Jhansi Park and U.S. Club road upto U.S Club Gate.

            The petitioner has prayed that respondents may be directed to strictly adhere to the guidelines relating to affixing of advertisement hoarding within the limits of M.C. Shimla in compliance of this High Court order dated 27.08.2007, passed on Writ Petition titled as Rajesh Kumar versus State of H.P and others. The petitioner has further prayed that the respondents may be directed register appropriate proceedings under MC Act against Bhartiya Janta Party.

The matter has been listed for tomorrow i.e. 10.05.2022.

The same Bench, in another case, today on a writ petition filed by the Secretary of Nagar Panchayat, Banjar (Urban Local Body), Tehsil Banjar, District Kullu, imposed a heavy costs of Rs.50,000/- and directed the Director, Urban Development to charge-sheet the Secretary for having filed this petition on behalf of the elected body i.e. Nagar Panchayat, Banjar.

The petitioner, Secretary Nagar Panchayat, Banjar has filed the instant petition to allow the petitioner to organize the fair of Shri Shringa Rishi Ji commencing from 15.5.2022 to 20.5.2022, every year as per old tradition. He has further prayed to restrain Deputy Commissioner, Kullu from issuing any notification in this regard and also restrain Panchayat Simiti/ Block Development Committee, Banjar and Devta Committee Chehni, Tehsil Banzar, District Kullu from organizing the fair of aforesaid Shri Shringa Rishi Ji commencing from 15.5.2022.

During the course of hearing the Court noticed that the instant petition has been filed by the Secretary of Nagar Panchayat, Banjar (Urban Local Body), Tehsil Banjar, District Kullu, H.P. on the affidavit of the Secretary of the Nagar Panchayat Banjar, who happens to be an employee of the State Government. The Court observed that how Secretary of Nagar Panchayat who is a Government servant could have filed the present case that too for the reliefs as prayed for.

The Court further directed to complete the enquiry against the petitioner within six months and copy of the same has been directed to be placed before the Court on 14.11.2022. The cost has been ordered to be deposited with the Devta Committee, Chaihni, Banjar, District Kullu.


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