CHENNAI: The Madras High Court has directed the State government not to renew or give fresh licences to erect hoardings and banners in a manner that is contrary to the guidelines prescribed by the Indian Road Congress (IRC) and the policy being adopted by the Union Ministry of Road Transport & Highways (MoRTH).
A division bench of Justices M M Sundresh and M Sundar gave the directive while entertaining a PIL from the Coimbatore Consumer Cause, by its secretary K Kathirmathiyon, on Monday.
When the matter came up, the Union Ministry filed its counter saying that by a circular dated May 16, it had brought out a policy that no advertisement hoardings should be permitted on National Highways, except informatory signs of public interest such as hospitals, bus station or temporary advertisements relating to local events such as melas, flower shows etc.
Recording the counter, the bench noted that a comprehensive policy had been formulated by the IRC through the guidelines on roadside advertisements. These guidelines were being followed by the MoRTH. It appears that in Coimbatore district, permissions had been given to some private advertisement firms to advertise on the State Highways. “This, in our view, is contrary to the guidelines and the policy adopted by the MoRTH. What is applicable to the National Highways necessarily has to be applied to State Highways as well. Therefore, there cannot be any difference in terms of applicability of the policy with regard to the roads maintained by the National or State Highways,” the bench said.
The bench, however, permitted the existing advertisements to go on till the expiry of the licence period. The authorities concerned should not either renew the licences or give fresh ones, contrary to the IRC guidelines, it said.
According to the petitioner, as per the IRC guidelines and the Union government’s policy as well as the TN Urban Local Bodies Licensing of Hoardings and Levy and Collection of Advertisement Tax rules, the advertisements should not be permitted on boards or sheets hung across a road. But the advertisement boards on traffic signals were not only hung across the road, but also on the middle of the roads. No advertisement could be permitted at the road junctions or within 100 m of the junctions. But all the advertisements on traffic signals were only at the road junctions. Advertisements could be permitted only parallel to the roadside, but they were allowed across the road, the PIL alleged.
Rules versus reality
Way back in 2002, the Ministry of Road Transport and Highways had directed all stakeholders to ensure that no advertisement hoardings are permitted on National Highways within the right of way except informatory signs of public interest such as hospitals and bus stations
Advertisement of temporary nature announcing local events were, however, permitted
The idea was to avoid distraction to motorists so as to reduce road accidents
Yet, a missive sent last year by the ministry noted that the policy of not allowing advertisement hoardings on NHs was being generally flouted