The Kerala HC has ordered for imposing a fine of Rs 10,000 on violators of the ban on unauthorized boards, banners, & flags in public spaces under provisions of Land Conservancy Act.
Justice Devan Ramachandran issued the order after considering three petitions, including a suo motu case.
The court’s order said, “I thus order that after ten days from the date of receipt of this order every & each unauthorized board/banner/flag/festoon in the public spaces in the state of Kerala – including public streets, traffic medians, traffic islands, pedestrian handrails, pedestrian paths & every such other – shall be removed by the Secretary/Field Staff of the concerned Local Self Govt Institutions & charged to the penalties under the Kerala Land Conservancy Act, 1957 – which, apart from the punishments stipulated therein, will mandate the imposition of a fine of Rs 10,000 along with the additional fine for continuing violations – along with those under the Kerala Municipalities Act & the Kerala Panchayat Raj Act.”
State attorney KV Sohan had argued on behalf of the state govt that provisions of Land Conservancy Act will not apply, the court didn't agree. Public streets & roads aren't govt properties as they are vested with the various local self-govt institutions such as corporations, municipalities, & panchayats, the govt had contended. The state attorney had also submitted that political parties have the right to exhibit boards & banners & mere exhibition of a banner by a political party can't be considered as occupation of public land so as to invoke provisions of Land Conservancy Act.
Disagreeing with the govt stance, the court said in the judgment, “When I examine the provisions of the Land Conservancy Act, it is without doubt that the submissions of the learned State Attorney can't obtain favour in law because, going by Explanation IV to Section 3(1) thereof, all lands belonging to the panchayats under the Kerala Panchayat Raj Act; or Municipalities, as defined under the Kerala Municipality Act; or to a Municipal Corporation shall be deemed to be the property of the govt within the meaning of the said Act.”
The court further said the govt’s stance, that roads & public spaces vested with local self-govt institutions can't be considered as govt land, is absolutely without basis & can only be seen to be an attempt by the govt to support certain vested interests & political parties.
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