Political posters are not banned under the law and can be put up on private properties but only after obtaining requisite permission, the Delhi High Court today said while dismissing a plea of AAP to allow such advertisements on a person's property with his consent.
A bench of Chief Justice G Rohini and Justice R S Endlaw said there is need to regulate putting up of political posters as putting them up makes the facade of a building "an eyesore and a public nuisance" and directed the municipal corporations to frame a policy for permitting political advertisements, if they have not already made it.
"We accordingly hold that Delhi Prevention of Defacement of Property Act, 2007 does not absolutely prohibit putting up of political posters/banners on private properties and that for putting up of political posters/banners, requisite permission under the municipal and other applicable laws has to be obtained. However without such permission, such posters cannot be put up on one's own private property also.
"Resultantly, the petition has to be dismissed. However, in accordance with our findings hereinabove, we direct the municipal corporations, if they do not already have a policy for granting permission for political advertisements, to frame such policy within three months herefrom," the court said.
The bench also said that in the context of unregulated display of billboards becoming an eyesore, there can be "no distinction between public and private property".
"There can be no manner of doubt that putting up of such political posters on one's own property, for selling to neighbours or passersby one's own political party or ideology, does indeed make the facade of a building an eyesore.....
"In the context of putting up of posters or billboards or hoardings if left unregulated, becoming an eyesore and a public nuisance, no distinction can be made between a public and a private property as the effect is the same," the court also said while dismissing the plea of AAP and two of its volunteers.
The plea was moved after the Election Commission of India wrote to the Chief Electoral Officer of Delhi in October 2013, that in the context of 2013 polls for Delhi assembly, putting up banners or posters at homes of volunteers or supporters is prohibited under the Defacement Act, 2007.
