BENGALURU: Observing that unauthorised flexes, hoardings and advertisements in the city are a bone of contention and bring suffering to all, hence Bruhat Bengaluru Mahanagara Palike (BBMP) cannot take it lightly, the Karnataka High Court on Thursday expressed dissatisfaction over the conspicuous silence on penal provisions in the Bruhat Bengaluru Mahanagara Palike (Advertisement) Bylaws, 2024.
It relates to erection of unauthorised flexes, hoardings and advertisements on public roads, footpaths and public places. It was pointed out to BBMP to include penal provisions on the last date of hearing.
A division bench of Chief Justice NV Anjaria and Justice KV Aravind sought a response from BBMP while expressing dissatisfaction while hearing a batch of PILs filed about unauthorised flexes, hoardings and advertisements in the city.
The court noted that as far as the provision relating to unauthorised advertisement or flexes erected on private lands, bylaw 15(1)(3) deals with the imposition of a penalty twice the rate fixed in auction tender on the owner of the private property where such illegal infrastructure is erected.
However, to the dismay of the court, the bylaws do not provide any such provision regarding flexes/advertisements which may have been put up illegally and unauthorisedly in public places, such as footpaths and public roads.
There is a provision to remove without notice an unauthorised erection or display of advertisement on a road, footpath or property owned by the government, BBMP or public sector units or agencies.
This provision is the only one which is not penal in nature. Consequential provision and penal provision are distinct, and there has to be a deterrent factor for those who indulge in the rampant erection of unauthorized flexes and encroach on public places, and endanger pedestrian and vehicular traffic, the court observed while cautioning the BBMP.