Professional Documents
Culture Documents
MAU02-12036/36/2018-M SEC-CDMA
CIRCULAR
Director
Encl: As above.
To
The Commissioners of all the Urban Local Bodies in the State.
All the Regional Director-cum-Appellate Commissioners of Municipal
Administration in the State.
Copy submitted to the Principal Secretary to Govt., MA&UD Dept., Govt. of AP,
Velagapudi, for kind information.
Between,:
Y.V. Murali Krishna, S/o Late Seetharamaiah Aged 55 years Occ business
RIo H.No.9/386-D1 Sharada Residency Shanti nagar, Gudiwada, Krishna District
521301
... PETITIONER
AND
«
2. The Director of Municipal Administration" Sri Krishna Enclave, Gorantla, Guntur,
Guntur District.
3. The District Collector" Krishna.
4. The Gudiwada Municipality" Rep. by its Commissioner, Gudiwada, Krishna
District.
5. The Deputy Superintendent of Police" Gudiwada Division, Gudiwada, Krishna
District
6, The Andhra Pradesh, Pollution Control Board, represented by its.Member
Secretary, Andhra Pradesh.
(RR6 is Suo Moto impleaded as per Court Order dated 04/12/2018 in WP. PIL.
365/2018.)
.•. RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased to
issue writ or direction preferably Writ of Mandamus declaring the inaction of the
respondents in taking appropriate steps for ensuring that no unauthorized cut outs,
flexi boards, banners and posters are displayed on the main roads and main circles
and also for immediate removal of the unauthorized flexi boards/cut outs that have
been erected within the Gualwada MUniCipal limits as Illegal, arbitrary and violative of
the orders of this Hon'ble High Court in W.P. NO.28447/2008 dt.1-6-2015 and
consequently direct the respondents to take immediate steps for removal of the
unauthorized flexi boards/cut outs.
IA NO: 1 OF 2018
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to direct the
respondent nos. 2 to 5 to forthwith remove the unauthorized flexi boards/cut outs that
have been erected on the main roads and main circles of Gudiwada Municipality
pending disposal-of the Writ Petition (PIL) in the interest of Justice.
5
2385237/2019/TAPPAL -CDMA
Counsel for the Petitioner:SRI. MOHAMMED GAYASUDDIN .,
Counsel for the Respondent Nos. 1 & 2: GP FOR' MUNCIPAL ADMN. & URBAN
DEV.
Counsel for the Respondent No.6: SRI. RAMACHANDRA RAO GURRAM, SC FOR
A.P. POLUTION BOARD
AND
Srt Y.V. Murali Krishna, a public spirited person filed this pro
posters are displayed on the main roads and main circles and
have been erected within the Gudiwada Municipal limits as illegal and
on the main road. main circles and cross roads are being flooded with
'_"'"
---
-- ---.-~-
..
2 HACJ & MSM.J 7
WP(PILL365 of 2018
2385237/2019/TAPPAL -CDMA
raised on the dividers on the main roads but recently banners have
been affixed even to the plants and due to the use of binding wires for
but, no positive steps have been taken till date for removal of the
same.
posters are displayed and that, if any complaint is made by any of the
..
inaction of the respondents is questioned and sought a direction
stated supra.
8
2385237/2019/TAPPAL -CDMA
HACJ & MSM,J
3
WP(PILL3650f2018
:'
TI1.e4th respondent/Gudiwada Municipality, represented by its
action to remove the banners and flexes when it noticed that some
Municipality. Basing on the above report, this Court directed the Sub-
... _
--------_ ..
4 HACJ &. MSM.J 9
WP(PIL)_365 of 20 18
, ,
2385237/2019/TAPPAL -CDMA
boards, posters, banners and flexts and the three teams removed 309
the 4th respondent in the additional counter that, when the 4U1
banners and flexis and also proposed to take action against the
boards, posters, banners and flexis. debris and solid waste are filed
on 18.12.2018, directing the 4th respondent and its officials to get the
not completed the exercise and it is only name sake action, thereby,
the violators
.., are erecting the unauthorized flexts, banners in the town
again after removal of the same, thereby, the order issued by this
Court was not substantially complied with and no action has taken
/'
----
10
2385237/2019/TAPPAL -CDMA
,.,.
HACJ & MSM.J
5 WP(PILL365 0[2018
and requested this Court to take appropriate steps for levying fine
petition.
the council and according to it, (1) All public streets in any
and all works, materials and other things provided for such streets,
under any' street.. wh~ther public or private, and all works, materials
and things appertaining thereto shall vest in the council. (2) The
of this Act. For the purpose of this section "vacant land" includes a
poramboke. donka or kunta. The council shall keep all such vacant
required by the Government for their use for any public purpose or for
other structure on any such vacant land: (b) use or permit the use of
such vacant land for any permanent purpose; (c) alienate such vacant
f
.I
advertisement or a notice-
-~-.~---..;_.-- "
8 HACJ & MSM,J 13
WP(PILL365 of 2018
2385237/2019/TAPPAL -CDMA
or in the same; or
(e) is exhibited within any railway station or upon any wall Of other
under Section 115 of the Act shall become void in the followingcases:
thereof;
14
2385237/2019/TAPPAL -CDMA
9 HACJ& MSM.J
WP(PILL365 of 2018
1
(d) if the advertisement or any part thereof falls otherwise than
through accident;
or destroyed.
advertisements in Municipalities.
Boards and according to it, (1) Once a regulated hoarding has been
length and verticle height (iv)4 x 2.5 (v)3 x 2 (vi) 2.5 x 2 provided that
be at a height of not less than 2.44 metres from the surface of the
-_
~--------------------------------------~---------------------------16
2385237/2019/TAPPAL -CDMA
HACJ & MSM.,J
11 WP(PIL)_365 of 2018
I
/
copy of the design showing the sizes, dimensions, etc., of the hoarding
and supports, and the design and colour scheme of the matter to be
any sign or signboard, projecting in, on. over or across a public street
(2) No sign or signboard shall be retained. placed. put up, fixed, hung
not more than 41/2 metres wide or which has no foot path or
em. into the street and are atleast 2.44 metres above the metres
fixed to or one the cornice or block course of any wall or to the ridge
of a roof or to the screen shall project behind 0.91 metres into the
street.
manufacturers.
(1) All the advertisements for which permission has been accorded by
shall bear the permit number trnder which and the period for which
been pefrrutted or ~pproved by him and of the tax having been paid
thereon.
'--
18
2385237/2019/TAPPAL -CDMA
HACJ & MSM,J
13 WP(PILL3650f2018
/
(/
/
the permit number and the period for which the display has been
permitted and if, any advertisement does not bear the permit number,
removal. It is noticed that this Rule has not been applied by any of the
(2) The Municipal Council shall not be responsible for the safety of
claim for damages shall lie against the Municipal Council for any loss
public place and includes all and every part of any such post. pole,
(b) any sign or any board, frame or other contrivance securely fixed
continuous face and not open work, and does not extend in height
more than one metre above any part of the wall, or parapet or
comply with any order..,or direction lawfully given to him under any of
...
the said rules shall, in addition to the liability of tax, be punishable
-_ '-
20
2385237/2019/TAPPAL -CDMA
HACJ & MSM.J
15 WP(PILL365 0[2018
I
i
for the benefit of the public at large. within the municipal area and
Bench of the High Court of A.P in Trust for Social Justice v. State
District2, the Madras High Court followed the view of the Supreme
M19. Having regard to all these aspects and keeping in view the
earlier directions given by the Division Bench in W.P.Nos.7143 of
2006 & other connected matters. we dispose of the present writ
petition with the followingobservations and directions:
(b) Since the digital banners are covered under the definition of
'advertisement' under Section 2fb) of the Chennai City Municipal
Corporation Licensing of Hoardings and Levy and Collection of
Advertisement Tax Rules, 2003, it is obvious that no digital banner
can be erected on pavement having a width of less than 10 feet as
specifically contemplated in Rule 6(3). So far as the pavements
having more than 10 feet are concerned, Rule 6(4) enables the
licensing authority to give license for display of advertisement or
erection of hoardings including digital banners. However, as
contemplated in such rule. it can. be erected only paralIel to the
footpath or road margin and not across the footpath or the road
margin. Since the footpaths are primarily meant for the use of
pedestrians, the licensing authority. while considering any
application under Rule 6(4). has to ensure that no inconvenience
is caused to the users of the footpath.
-
22
, .
2385237/2019/TAPPAL -CDMA
HACJ & MSM.J
17 WP(PILL365 of 2018
(d) The press releases No.558 dated 29.8.2007 and No.132 dated
21.2.2008 should not be construed as giving universal permission
for erection of such banners nor it should be construed that the
person shall have right to erect such banners for six days. Since
statutory power is given to the Collector. it is for the Collector to
decide whether such license should be given and for how many
days and the Collector need not feel bogged down by such press
releases or the D.O. letter issued by the Chief Secretary. If any
digital banner is erected without permtsston. even temporarily. it is
the duty of the concerned authorities to take appropriate action
including removal of such unauthorised digital banner as well as
launching of prosecution against the violators.
advertisements.
than 50 years, the Rules framed are in-tact. It is high time for the
1. Nudity
_--
24
2385237/2019/TAPPAL -CDMA
HACJ & MSM.J
19 WP(PILL365 of 2018
roof tops (second floor). The GHMC stated that permission would be
that in case of any mishap, the agency would be held responsible for
law. The civic body also said that all hoardings should be designed,
property, mostly the cars parked and the public on the road. during
heavy rains or big gale. But, it is difficult for the persons injured or
persons who have lost their property to recover damages from the
weight and sizes. the State has to formulate or amend the gUidelines
--
One of the contentions raised by the leamed counsel for the
-
,~----~_:__-~--~~- ---
20 HACJ & MSM.J
WP(PILL365 of 2018
..25
2385237/2019/TAPPAL -CDMA
solid waste. The 4th respondent contended that, steps were taken to
118 of the Act and exceptions contained therein and Rules 15. 16 &
subordinates.
..
respondent removed the unauthorized banners /flexts in substantial
...
compliance of interim direction dated 18.12.2018, as reported by the
----------
- --- -- - -=====----== ----- 26
2385237/2019/TAPPAL -CDMA
-,
HACJ&MSM.J
21 WP(PILL365 of 2018
.I
stand closed.
Sd/- K. AMMAJJI
ASSISTANT REGISTRAR
f IITRUE COPYII
~
SECTION OFFICER
One Fair copy to the Hon'ble the Acting Chief Justice C. Praveen Kumar
(For His Lordships Kind Perusal)
To,
1. The Principal Secretary Municipal. Administration and Urban Development
Department, State of Andhra Pradesh, Secretariat, at Velagapudi, Amaravathi,
~ §l.1tltur District.
~he Director of Municipal Administration" Sri Krishna Enclave, Gorantla, Guntur,
Guntur District.
3. The District Collector" Krishna.
4. The Commissioner, Gudiwada Municipality, Gudiwada, Krishna District.
5. The Deputy Superintendent of Police" Gudiwada Division, Gudiwada, Krishna
District
6. The Member Secretary. Pollution Control Board, Andhra Pradesh. Andhra
Pradesh.
7. Nine L.R. Copies
8. The Under Secretary. Union of India, Ministry of Law, Justice and Company
Affairs. New Delhi.
9. The Secretary, Advocatess Association Library. High Court of A.P.
10. One CC to Sri. Mohammed Gayasuddin, Advocate (OPUC)
11. One CC to Sri. Nimmagadda Venkateswarlu, SC for Municipalities (OPUC)
12. One CC to Sri. Ramachandra Rao Gurram, SC for AP Pollution Board (OPUC)
13. Two CCs to the GP for Municipal Admn. & Urban Dev., High Court of A.P. (OUT)
14. Two CCs to the GP for Revenue, High Court of A.P. (OUT)
15. Two CCs to the GP for Horne, High Court of A.P. (OUT)
16.Two CD Copies.
PM
r
27
2385237/2019/TAPPAL -CDMA
-r
HIGH COURT ,-
DATED:14/02/2019
ORDER
WP(PIl:)~No.365of 2018
,.,.