The Bombay High Court on Monday instructed the City and Industrial Development Authority (CIDCO) to establish a rational and well-considered policy for managing hoardings, rather than resorting to indiscriminate removal.
This judicial intervention follows the catastrophic collapse of a massive hoarding in Ghatkopar on May 13, which resulted in 17 fatalities and over 70 injuries. Justices Nitin Borkar and Somasekhar Sundaresan emphasised the necessity for a measured approach, highlighting that prior to the Ghatkopar incident, there was no urgent call for the dismantling of hoardings. The court’s mandate is a call for regulatory prudence, urging CIDCO to formulate a balanced framework that addresses public safety concerns without being excessively punitive.
The controversy erupted when advertising agencies Devangi Outdoor Advertising and Gargee Graphics contested the recent CIDCO notices demanding the removal of hoardings within 24 hours in the Navi Mumbai Airport Influence Notified Area. Representing the petitioners, advocates Vaibhav Charalwar and Shivam Dubey argued that CIDCO, as the planning authority, lacks a clear policy regarding permissions for hoardings on private lands. They contended that, according to a previous Bombay High Court judgement, permissions for such installations should be obtained from municipal corporations in urban areas and from municipal councils or gram panchayats in rural regions. The advocates underscored that their clients had secured the necessary approvals from the Kolkhe and Nandgaon gram panchayats and had also applied to CIDCO, thus following due process. They criticised CIDCO’s abrupt action as a “knee-jerk reaction” lacking in regulatory foresight.
The court’s directive to CIDCO underscores the need for a nuanced policy that ensures public safety while accommodating legitimate advertising activities. This approach aligns with the broader principles of urban planning and governance, where regulations are expected to balance developmental and commercial interests with the safety and well-being of the populace.
The directive is likely to have far-reaching implications for the advertising industry and urban governance in Mumbai. It is anticipated that CIDCO will engage in stakeholder consultations to draft a comprehensive policy that delineates clear guidelines for hoarding installations, ensuring they are structurally sound and do not pose hazards to public safety. The high court’s intervention is a reminder of the critical need for regulatory frameworks that are both effective and equitable, providing clarity and stability for businesses while safeguarding the public interest. As CIDCO embarks on this policy formulation, the outcome will be closely monitored by industry stakeholders and urban planners alike, setting a precedent for other regions facing similar challenges.