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Judgment
D.N. Patel, CJ
This writ petition has been initiated by this Court on its own motion as a Public Interest Litigation on receipt of letters/complaints about the illegal hoardings, banners, PVC flex, small hoardings, posters etc. in the area falling under South Delhi Municipal Corporation which are stated to be in violation of the provisions of the Delhi Outdoor Advertising Policy, 2017.
Notice was issued by this Court and South Delhi Municipal Corporation (SDMC) has filed a counter affidavit dated 21st November, 2019. Paragraphs 3 to 5 of the said counter affidavit, filed by SDMC, read as under:
"3. That it is respectfully submitted on behalf of the answering Respondent/ South DMC that the hoardings in the jurisdiction of municipalities are governed by 'The Delhi Outdoor Advertising Policy (2017)', which is in force as on date and, which clearly states as follows:
a. No advertising device has to be placed anywhere under any category which will obstruct the free movement of road users. b. The distance between two advertisement Unipole devices should not be less than 75m on highways and main city roads. c. No Building wraps, are permitted in area/properties other than malls, airport area, metro station buildings and cinema halls. The copy of the said policy is annexed herewith as Annexure-A.
That the policy is self contained and takes care of all the concerns of public interest and various court orders.
That even otherwise any hoarding which is in violation of the provisions of Section 143 to 146 and Section 430 of the DMC Act, are actionable and the department initiates prompt action as and when such irregularities are detected. Further no illegal and unlawful hoardings are permitted by the answering Respondent/South DMC and regular actions are initiated against the illegal and unauthorised hoardings. That the consolidated zone wise lists of the action initiated by the answering Respondent/ South DMC against such illegal and unauthorised hoardings are collectively annexed herewith as Annexure-B.
In view of the aforesaid affidavit, it appears that there is already a policy in place called the "Delhi Outdoor Advertising Policy, 2017", floated by the respondent/SDMC to regulate the advertising devices. Learned counsel for the SDMC submitted that the South Delhi Municipal Corporation has been taking requisite action against the violators from time to time and the actions taken by it in recent past are mentioned in the counter affidavit. For ready reference, the action taken report against the illegal big and small hoardings, PVC flex, banners, iron rods, gates entries, posters etc. annexed as Annexure B to the counter affidavit is reproduced hereunder:
Action Taken Report for Removal of illegal Hoardings, Boards, Banners, PVC Plates etc.
Sl.
No.
Date
Big
Hoardings
Small
Hoardings
PVC
Plates
Banners
Iron
Boards
Gate
Entries
Poste
-rs
Total
Zone
1
09.07.2019
5
12
120
5
0
0
0
142
South
2
15.07.2019
2
3
20
0
0
0
0
25
South
3
26.07.2019
2
0
12
5
0
0
0
19
South
4
05.08.2019
12
8
20
5
0
0
0
45
South
5
17.08.2019
12
15
17
5
0
0
0
49
South
6
03.09.2019
5
25
12
4
0
0
0
46
South
7
13.09.2019
7
20
15
3
0
0
0
45
South
8
24.09.2019
2
8
12
3
0
0
0
25
South
9
25.09.2019
2
15
10
2
0
0
0
29
South
10
09.10.2019
5
31
15
0
0
0
0
51
South
11
14.10.2019
15
120
50
10
0
0
0
195
South
12
17.10.2019
35
170
70
15
8
0
0
298
South
13
04.11.2019
20
125
17
10
0
0
0
172
South
14
11.11.2019
11
75
0
3
0
0
0
89
Central
15
12.11.2019
6
52
0
5
0
1
0
64
Central
16
13.11.2019
12
43
0
2
0
0
0
57
Central
17
14.11.2019
9
80
0
2
0
2
0
93
Central
18
15.11.2019
15
95
8
0
0
0
0
118
Central
19
16.11.2019
7
69
13
0
0
0
0
89
Central
20
01.08.2019
to 15.11.2019
2822
3814
0
1574
1770
0
0
998
0
West
21
25.10.2019
to 31.10.2019
273
0
0
6
0
0
0
279
Najafgarh
22
01.11.2019
to 07.11.2019
863
0
0
17
0
0
0
880
Najafgarh
23
08.11.2019
to 14.11.2019
471
0
0
5
0
0
0
476
Najafgarh
Grand Total
4613
4780
411
1681
1778
0
0
13266
Action Taken Report for Removal of illegal Hoardings, Boards, Banners, PVC Plates etc. in Ward NO.
087-S (C.R Park)
Detail of Items Seized by AC/South Zone/SDMC during the actions
Sl.
No.
Date
Big Hoardings
Small Hoardings
PVC
Plates
Banners
Iron Boards
Total
1
09.07.2019
5
12
120
5
0
142
2
15.07.2019
2
3
20
0
0
25
3
26.07.2019
2
0
12
5
0
19
4
05.08.2019
12
8
20
5
0
45
5
17.08.2019
12
15
17
5
0
49
6
03.09.2019
5
25
12
4
0
46
7
13.09.2019
7
20
15
3
0
45
8
24.09.2019
2
8
12
3
0
25
9
25.09.2019
2
15
10
2
0
29
10
09.10.2019
5
31
15
0
0
51
11
14.10.2019
15
120
50
10
0
195
12
17.10.2019
35
170
70
15
8
298
13
04.11.2019
20
125
17
10
0
172
Grand Total
124
552
390
67
8
1141
Action Taken Report for Removal of illegal Hoardings, Boards, Banners, PVC Plates etc.
Sl.
No.
Date
Big Hoardings
Small Hoardings
PVC
Plates
Banners
Iron Boards
Gate Entries
Posters
Total
Zone
1
11.11.2019
11
75
0
3
0
0
0
89
Central
2
12.11.2019
6
52
0
5
0
1
0
64
Central
3
13.11.2019
12
43
0
2
0
0
0
57
Central
4
14.11.2019
9
80
0
2
0
2
0
93
Central
5
15.11.2019
15
95
8
0
0
0
0
118
Central
6
16.11.2019
7
69
13
0
0
0
0
89
Central
Grand Total
60
414
21
12
0
0
0
510
Thus, looking to the counter affidavit filed by the SDMC and action taken report (Annexure B) annexed thereto, we see no reason to further monitor this matter. However, we expect from the South Delhi Municipal Corporation that they will initiate timely and prompt action against illegal hoardings etc. which are installed in contravention of the Delhi Outdoor Advertising Policy, 2017 as and when the same come to their knowledge.
With these observations, this writ petition is hereby disposed of.