Nagpur: The Nagpur Municipal Corporation (NMC) on Thursday defended its decision to allow advertising hoardings on footpaths asserting before the Nagpur Bench of Bombay High Court that its policy aligns with a 2001 court-approved framework. The civic body, in an affidavit filed Wednesday, maintained that its tendering process for advertisement rights at 78 locations is legally sound and does not violate any municipal or state regulations.
The affidavit was filed in response to a PIL by the Citizen Forum for Equality, led by its President Madhukar Kukde, challenging the legality of hoardings placed on footpaths and road shoulders. During the hearing, a division bench comprising Justices Nitin Sambre and Vrushali Joshi adjourned proceedings for a week after the petitioner’s counsel, Tushar Mandlekar, sought time to study and respond to NMC’s affidavit.
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Saturday 22 March 2025
In its submission, Additional Municipal Commissioner Ajay Charthankar stated that NMC was operating under a well-established framework for outdoor advertising. He pointed to a previous case (WP No. 4175/1999), in which HC directed a survey to identify & remove hoardings violating municipal bylaws and other statutory provisions.
Following this, NMC commissioned Mumbai-based Tandon and Associates to develop an Outdoor Advertisement Policy, which the court reviewed and approved in 2001. Under this policy, advertisements on municipal properties are permitted through tenders. The policy specifically allows hoardings over footpaths as long as they are raised at least 15 feet above ground level and do not obstruct pedestrian movement.
NMC’s affidavit also addressed the Maharashtra Municipal Corporations (Regulation and Control of the Display of Sky-Signs and Advertisements) Rules, 2022, which explicitly prohibit hoardings on footpaths and public roads. However, the civic body argued that Rule 29 of the 2022 framework allows previously sanctioned court orders to override new regulations, effectively making the 2001 policy legally binding.
NMC also cited a March 4, 2024 order establishing a committee headed by Deputy Municipal Commissioner (Revenue) to assess whether footpath hoardings obstruct movement. The committee concluded that proposed sites adhered to safety criteria. Based on this, the NMC administrator approved the tender process on March 15, 2024.
