Novva Ads vs Secretary, Deptt. Of Municipal ...

2. Leave granted in the Special Leave Petitions.

4. The writ petitions were dismissed by the High Court. But a Committee was constituted for identifying and enumerating the places of historical importance or aesthetic value and popular places of worship in and around the city of Chennai. It was also directed to oversee the operation of the removal of illegal and unauthorized hoardings in the city of Chennai. The Committee was directed to be headed by a retired Judge and to consist of several other persons. The State Government was directed to provide necessary infrastructure and office to the Committee. The District Collector was directed to remove and demolish all the unauthorized hoardings which were erected after the cut off date and in respect of which no application was made to the District Collector within a period of 8 weeks. The District Collector and the Tahsildar working in their respective zones were to be personally responsible for the removal of unauthorized hoardings in their respective zones. The Municipal Corporation was directed to extend all necessary cooperation to the District Collector for removal of the hoardings in the city. The Commissioner was directed to supply to the District Collector the necessary equipment and work force for the purpose of such removal. The Police Commissioner was also directed to provide adequate police force to assist the demolition team. The State Government was directed to appoint two officers not below the rank of District Collector as Special Officers vested with the necessary powers of the District Collector to make scrutiny of the applications pending before the Collector within a period of 4 weeks from the date of judgment. It was pointed out that no licence was to be granted and/or renewed in respect of any hoarding which is not in conformity with the provisions of the Act and the Advertisement Rules. So far as the applicants who claimed to be existing hoarding owners, the District Collector/Special Officer was required to call for the views of the Traffic police and such views had to be communicated to the District Collector within a particular period. All the hoardings where the applications/appeals were dismissed by the authorities were liable to be removed forthwith and the concerned authorities to take appropriate steps for the purpose.

5. The District Collector and the Tahsildar were directed to take immediate steps for recovery of the advertisement tax, the rent and the penalties from the hoarding owners whether authorized or unauthorized. The appeals against the decision of the District Collector/Special Officer were directed to be disposed of within 60 days as prescribed by the Advertisement Rules and for that purpose it was suggested that the Government may consider appointment of one or more officers at the Secretariat level, exclusively for the purpose.

(i) Preventing haphazard erection and proliferation of hoardings in the city.

(iii) For safety and prevention of hazardous and dangerous hoardings.

43. One other thing which needs to be noted is that the authority is not examining the contents of hoardings, size etc. The licence is for putting the hoardings. It depends upon the size and at that stage the question of content does not come into picture. If it is distraction, the question whether it is hazardous or creates obstruction comes later.

45. The apprehended arbitrariness can be well taken care of. If show cause notice is issued, it should specify the reasons as to why the action is proposed to be taken in respect of any hoarding or hoardings. The principles of natural justice can also be complied with if reasons are indicated in the show cause notice and there is scope for reply to be given. Thereafter, reasoned adjudication can be made by the authorities. It goes without saying that objectivity has to be there, even though initially at the stage of issuing show cause notice there is subjectivity.

53. The inevitable result is that the appeals and writ petitions are without merit and deserve to be dismissed which we direct.