HC asks BMC about action on political flags in hsg society | Mumbai News – The Times of India
Mumbai: Bombay High Court on Friday directed the BMC to inform about the action it would take in a case where political flags were put up in a Sion (W) housing society.
Justices Revati Mohite-Dere and Neela Gokhale heard a petition by Haresh Gaglani, an activist and resident of Narottam Niwas CHS, regarding the BMC’s inaction on his complaint. On Nov 19, 2023, he saw five flags put up by a neighbour on the road-facing compound wall and wrote to the society’s secretary. On Nov 20, he complained to the assistant municipal commissioner, F North ward. He also sent a legal notice to BMC on Jan 24, 2024. As no action was taken under Maharashtra Prevention of Defacement of Property Act, he filed the petition in Feb 2024 saying “these flags are politically motivated” and need to be pulled down at the earliest.
Advocate Darshit Jain, representing Gaglani, said the action to be taken by the authorities is not time-sensitive, and it does not matter whether the flags were removed. He also said there is no mechanism in the Act to adjudicate complaints.
The judges said “taking immediate action is the key” and enquired about the mechanism to report such complaints. “If at all it is brought to your notice, what action you will take? This is a larger issue,” said Justice Mohite-Dere. The judges said BMC must post on its X handle and website that it is illegal to put up such flags in a housing society. They referred to a 2011 PIL on illegal hoardings and banners and the order for appointment of nodal officers to receive complaints. “Unless people are made aware of what steps they can take against such display, only then can they take action,” said Justice Mohite-Dere.
BMC’s advocate said she will check if action had been taken, Adjourning the hearing to Feb 3, the judges directed BMC to file a detailed affidavit. “Tell us in this matter what action you will take and whether post-removal (of flags) you can take action,” said Justice Mohite-Dere. —Rosy Sequeira
Justices Revati Mohite-Dere and Neela Gokhale heard a petition by Haresh Gaglani, an activist and resident of Narottam Niwas CHS, regarding the BMC’s inaction on his complaint. On Nov 19, 2023, he saw five flags put up by a neighbour on the road-facing compound wall and wrote to the society’s secretary. On Nov 20, he complained to the assistant municipal commissioner, F North ward. He also sent a legal notice to BMC on Jan 24, 2024. As no action was taken under Maharashtra Prevention of Defacement of Property Act, he filed the petition in Feb 2024 saying “these flags are politically motivated” and need to be pulled down at the earliest.
Advocate Darshit Jain, representing Gaglani, said the action to be taken by the authorities is not time-sensitive, and it does not matter whether the flags were removed. He also said there is no mechanism in the Act to adjudicate complaints.
The judges said “taking immediate action is the key” and enquired about the mechanism to report such complaints. “If at all it is brought to your notice, what action you will take? This is a larger issue,” said Justice Mohite-Dere. The judges said BMC must post on its X handle and website that it is illegal to put up such flags in a housing society. They referred to a 2011 PIL on illegal hoardings and banners and the order for appointment of nodal officers to receive complaints. “Unless people are made aware of what steps they can take against such display, only then can they take action,” said Justice Mohite-Dere.
BMC’s advocate said she will check if action had been taken, Adjourning the hearing to Feb 3, the judges directed BMC to file a detailed affidavit. “Tell us in this matter what action you will take and whether post-removal (of flags) you can take action,” said Justice Mohite-Dere. —Rosy Sequeira
