Municipal nod needed for political posters on private property: HC
Municipal corporations told to frame a policy in 3 months for granting permits for political ads if they don't have one
New Delhi: The Delhi high court on Thursday held that private citizens cannot display political posters or banners on their properties or on other people’s properties with their consent, without permission from municipal bodies.
The judgement came in a petition by two AAP volunteers Anil Bhatia and Satyadev Solanki who wanted the court to declare that the Delhi Prevention of Defacement of Property Act, 2007 “does not prohibit putting up of posters/banners, on one’s own private property or house/building, or with the consent of the owner of a private property or house/building".
A bench of justices G. Rohini and Rajiv Sahai Endlaw has held, “The Defacement Act 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 private property also."
The bench has also directed municipal corporations, if they do not already have a policy for granting permission for political ads, to frame such policy within three months.
The petitioners had argued that not allowing such posters violates their right to freedom of expression.
However, the court held that “no parallel can be drawn by the petitioners with the freedom of speech. Unlike oral speech, signs/hoardings/posters...obstruct view, displace alternative uses for land, are a source of litter and all of which legitimately call for regulation".
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