Karnataka High Court Takes Action Against Bengaluru's Illegal LED Advertisements
The Karnataka High Court has stepped in to address the growing issue of unauthorized self-LED advertisements across Bengaluru, issuing notices to multiple state and civic bodies. This move comes in response to a public interest litigation (PIL) filed by K Laxmana, a retired DRDO official, highlighting significant violations of municipal laws and environmental concerns.
Court Directs Notices to State Government and Civic Authorities
A division bench comprising Chief Justice Vibhu Bakhru and Justice CM Poonacha ordered notices to the Karnataka state government, the Greater Bengaluru Authority (GBA), and the five new city corporations. Additionally, notices were issued to the Bengaluru city police, the Karnataka State Pollution Control Board (KSPCB), and the Bangalore Electricity Supply Company (Bescom). The court has scheduled the next hearing for June 18, 2024, for further consideration of the petition.
Background: Bylaws and Ongoing Violations
In 2018, following directives from a previous PIL, the erstwhile Bruhat Bengaluru Mahanagara Palike (BBMP) council enacted the Outdoor Signage and Public Messaging Byelaws, which imposed a complete ban on commercial hoardings within the city. Despite this clear prohibition, the BBMP and its successor, the GBA, have continued to grant permissions for self-LED advertisements on private properties. This action directly contravenes Section 158 of the BBMP Act 2020, which regulates outdoor advertising.
Petitioner's Allegations of Mismanagement and Environmental Harm
The petitioner, K Laxmana, has raised several critical issues in the PIL:
- Tax Arrears and Permissions: Permissions for these advertisements were granted to entities that owed Rs 321 crore in advertisement tax arrears as of 2016, indicating a lack of fiscal responsibility.
- Commercial Misuse: Many self-LED advertisements are now displaying commercial ads for unrelated products and services, which constitutes a blatant breach of the conditions under which they were approved.
- Visual Pollution: The unchecked proliferation of these LED displays is contributing to visual pollution, degrading the city's aesthetic environment.
- Regulatory Gaps: The GBA rules fail to establish any oversight mechanism involving the KSPCB to monitor and regulate these advertisements, leaving environmental impacts unaddressed.
- Traffic Safety Concerns: Despite potential hazards to traffic safety, the traffic police have no supervisory role in the approval process for these LED hoardings.
Relief Sought by the Petitioner
In the PIL, the petitioner has requested several key actions from the court:
- An immediate stay on the issuance of further permissions for self-LED advertisements.
- A halt to the GBA rules that allow the conversion of existing structures into commercial self-LED advertisements.
- The removal of all self-LED advertisements that are displaying commercial content in violation of the bylaws.
- A directive to Bescom to disconnect power supply to LED advertisements installed on buildings without valid occupancy certificates.
This case underscores the ongoing challenges in urban governance and environmental regulation in Bengaluru, as authorities grapple with balancing commercial interests with legal compliance and public welfare. The High Court's intervention marks a significant step towards addressing these systemic issues and ensuring adherence to municipal laws designed to protect the city's landscape and safety.
