Madras High Court today ordered issue of notices to Secretaries of Home and Municipal Administration on a PIL challenging to declare Act 2 of 2011 of Tamil Nadu Municipal Laws (Amendment) Act as it is against Article 14, 21 of the Constitution of India.
The Act entrusts powers to District Collectors to grant permission for installation of hordings, digital banners, playcards, collecting fees and power to remove them.
The First Bench Comprising Chief Justice Sanjay Kishan Kaul and Justice M M Sundresh, on a PIL filed by "Traffic" K R Ramaswmy, a social activist, while ordered issuing notices to th secretaries directed them to file counter affidavit within four weeks and rejoinder thereafter, if any, within two weeks and posted the matter for further hearing to March 3.
Ramaswamy submitted that as per the above amendment the power of removal of encroachments which were entrusted to Corporation have been taken away from the purview of Corporation and has been given to the District Collector who is responsible for overall administration of the District which is in violations of the provision of the Constitution.
Stating that as per Section 326-BB of the Digital Banners act only the banners which have to be kept for more than six days are only to get the permission from the District Collector the petitioner said that as per the present amendment act the Collector is empowered to grant permission.
Alleging that in the guise of permissions the Political parties are installing banners on the either sides of the pavements and the ordinary public cannot question about the installation and encroachments of the pavements, he submitted that public are constrained to walk on the roads.
The present act has empowered the District Collector to grant permission to the digital banners that are going to be kept for more than six days which has given a green signal for illegal erection of the Hoardings the petitioner claimed.
Hence he prayed to declare the amendment is violative of Articles of 14 and 21 of Constitution of India.
