The Issue of Illegal Hoardings in India-Explained Pointwise

The recent collapse of giant outdoor hoarding which left 16 people dead and over 70 people injured, has led to serious questions about the illegal hoardings in India. The billboard was installed without authorisation from the Brihanmumbai Municipal Corporation (BMC).

The deaths caused by illegal hoardings are not new in India. In May 2023, hoarding collapse in Pune left 5 persons dead. In June 2023, hoarding collapse in Coimbatore left 3 persons dead.

What are reasons behind illegal Hoardings in India?

1. Oversized Hoardings- The hoarding operators generally put up oversized hoardings which are greater than the required permissible size, due to lack of effective oversight by the municipal bodies. For ex- The recent hoarding which collapsed in Mumbai was 9 times the permissible size.

2. Lack of transparency- The outdoor advertisement policies across different cities in India lack the provisins for strict and time-bound action against illegal hoardings. For ex- Bombay HC providing the procedure for removal of illegal hoardings in case of failure of BMC to remove illegal hoardings.

3. Lack of effective enforcement- The lack of effective enforcement of the established policies has also led mushrooming of illegal hoardings in India. For ex- Lack of effective implementation of Delhi Outdoor Advertising Policy 2017, Bruhat Bengaluru Mahanagara Palike Advertisement Rules 2021, and Tamil Nadu Urban Local Bodies Rules 2023.

4. Unathorised temporary installations- Unathorised hoardings also include unauthorised temporary banners and flexes, which are often put up by political party operatives. These temporary banners and flexes are usually not covered under the advertising policies of the municipal corporations, but pose a significant safety risk.

5. Corruption- Inefficiency and corruption within local bodies hinders the effective enforcement of the policies related to illegal hoardings in India. For ex- The authorities failing to learn lessons from similar incidents in Pune (2017) and Pimpri-Chinchwad (April 2023), which claimed lives.

What are the issues in urban governance that have led to mushrooming of illegal hoardings in India?

1. Improper Devolution of Powers- The 74th amendment requires state governments to devolve 18 functions, including land use regulation, to municipalities. However, as per NITI Aayog report, no state has delegated all 18 functions to civic bodies. Hence, the civic bodies in India lack the teeth to curb the rise of illegal hoardings in India.

2. Overlapping Jurisdictions– Urban local bodies are often constricted due to overlapping jurisdictions with other state agencies, leading to confusion and shifting of accountability. For ex- In Delhi, confusion prevails between DDA and PWD over civil infrastructure maintenance works.

3. Lack of Regular Civic Election- The failure of state governments to hold civic body elections has led to the crippling of powers of urban bodies. For ex- Bengaluru which is facing a severe water crisis lacks elected corporators.

What are the impacts of Hoardings which are illegal in India?

1. Safety Hazards- Illegal Hoardings carry structural risks with chances of poorly constructed hoardings collapsing and posing risks to pedestrians and Vehicles. These illegal hoardings can obscure traffic signals and signs leading to grave accidents. For ex- Collapse of hoarding in Mumbai killing 16 people.

2. Environmental Concerns– Removal of illegal hoardings generates waste materials, which adds to the problem of increasing solid waste in India.

3. Unfair competion- Legal advertisers face unfair competition from illegal hoarding operators as they evade bearing the cost of permits.

4. Revenue Loss- The local municipalities suffer loss of potential revenue due to evasion of advertising fees.

What are the Laws Regarding illegal hoarding’s removal in India?

What is the Way Forward?

1. Instituting transparency in advertising policies- Advertisement policies must expressly state the process through which complaints against illegal advertisements may be raised and the action to be undertaken. For ex- The Delhi Outdoor Advertising Policy, 2017 that requires the owners of non-compliant advertisements to remove the structure within a specified time, failing which they are to be removed by the municipal authority.

2. Appointment of inter-departmental bodies- Inter-departmental bodies must be constituted, which undertake periodic zone-wise or ward-wise inspection of outdoor advertisements, to ensure that they meet the standards laid down in law. For ex- Inter departmental bodies consisting of personnel from the traffic department along with zonal or ward-level officers of the corporations and departmental safety engineers.

3. Effective deployment of technologies- Corporations should create platforms and mechanisms through which citizens may report violations. Compliance may be monitored through the effective deployment of technology, such as the embossing of QR codes on all authorised hoardings.

4. Public Awareness Campaigns- Public awareness campaigns must be undertaken educate citizens and businesses about the legal requirements and hazards of illegal hoardings.

5. Holding regular elections in civic bodies- Supreme Court in the Suresh Mahajan case (2022), ordered the state governments and State Election Commissions (SEC) to ensure the establishment of a newly elected body in all municipalities before the expiration of the outgoing council’s five-year term.