PANAJI
The Bombay High Court at Goa has noted that the Ministry of Road Transport and Highways (MoRTH) has not taken action against advertisement hoardings along the highways within its right of way.
Likewise, other authorities have only partially complied with directions to remove hoardings under their jurisdiction.
During the hearing of a suo motu writ petition and public interest litigation regarding illegal hoardings, the Division Bench of Justice M S Karnik and Justice Valmiki Menezes observed that the hoardings under MoRTH’s jurisdiction are clearly within the right of way.
“The hoardings that we are concerned with on the National Highways in Goa are clearly within the right of way. It appears that no action has been taken by the Ministry to ensure that the Right of way on National Highways within the State of Goa is kept clear of advertisement hoardings within its right of way,” the Bench noted in the petition with over 200 respondents.
Senior counsel Pravin Faldessai, representing the MoRTH, submitted that an affidavit will be filed by the Chief Engineers of PWD (Highways), Goa, detailing the actions to be taken for the removal of all advertisement hoardings on National Highways within the right of way in Goa. The affidavit is expected to be filed by July 21, 2024.
He also informed the Court that the Ministry had issued a letter on September 7, 2016, instructing all Chief Engineers of PWD in various states including Goa to ensure the removal of advertisement hoardings on National Highways that fall within the right of way.
Meanwhile, another respondent, the Corporation of the City of Panaji (CCP), reported that it has removed 41 out of 64 hoardings mentioned in this petition whereas two appeals regarding demolition notices of the hoardings are pending before the Secretary of Urban Development, since February 2024. The Department has thus been requested to decide on the appeals within one month.
CCP representative Somnath Karpe further submitted that five petitions are pending before a Single Judge concerning demolition orders issued by them. The CCP also agreed to file a detailed affidavit by July 21 giving a timeline for demolishing the remaining 16 hoardings on high-rise buildings as well as undertakings from the Commissioner of the CCP.
Regarding hoardings on electric poles along the center of National Highways, the Electricity Department submitted that it would provide necessary instructions and update the Court on the details of the tender issued to contractors for these hoardings within the right of way by July 21, which is when the matter will next be heard.
