'Visual Pollution A Shame' : Kerala High Court Issues Detailed Directions On Removal Of Unauthorised Boards,Banners, Hoardings, Flags Etc
The Kerala High Court today issued directions declaring installation of unauthorized boards, banners, hoardings, flags, festoons as illegal and liable to fine and penal action. The Court stated that the non-removal of such unauthorized boards, banners, hoardings, flags, festoons shall become the personal responsibility of the Secretaries of the local self-government institutions.Justice...
The Kerala High Court today issued directions declaring installation of unauthorized boards, banners, hoardings, flags, festoons as illegal and liable to fine and penal action. The Court stated that the non-removal of such unauthorized boards, banners, hoardings, flags, festoons shall become the personal responsibility of the Secretaries of the local self-government institutions.
Justice Devan Ramachandran explained the concepts of 'Visual Pollution' and 'Destination Aesthetics' to ensure that authorities and policy makers realize the significance of removal of illegal boards/hoardings from public places. The Court observed that these concepts have not drawn the attention of authorities in our State.
“Visual Pollution” - which, in its most simplistic connotation, means the impairment of one's ability to enjoy a vista or a view - and its impact on safety, health and environment, leading to effective legislations against it, our civil officials, Authorities and politicians remain totally occluded to it often contributing to it unmindfully," the Court explained.
The High Court observed that this was "particularly a shame in our small State", touted to be the "Gods Own Country", which is bestowed with natural beauty in abundance.
Lamenting that policy makers and enforcement officials have not paid attention to this vital aspect, the Court observed :
“But, alas, this is one sphere in which policy makers, civil enforcement officials and politicians have failed; and unfortunately political parties - to whom the citizens of this State would normally turn for guidance and leadership - have been the contributors to “visual pollution” and aesthetic violation, compounded by the obvious health and safety risks attached to it, by carelessly, thoughtlessly and without care of its consequences, placing and installing large boards, banners, flags, festoons and such other in every nook and corner of public spaces and streets. Private entities and individuals have also followed it, advertising themselves or their wares through such boards and banners, knowing fully well that they are illegal, but presumably emboldened on account of such installations by the political class and even parties in power.”
The Court passed the above order while considering a 2018 plea concerning unauthorized boards/ banners in public places. The Court had earlier ordered that fine of Rs. 5,000 will be collected for every unauthorised board installed.
The Court issued the following directions:
1. It confirmed all circulars and orders issued by the government and directions issued by the Court vide interim orders. The Court declared installation of unauthorized boards, flags, festoons etc. as illegal and liable to fine and penal action as per law.
2. The Court stated that the non-removal of illegal boards, banners, hoardings, flags and festoons, as on today or in future, shall become the personal responsibility of the Secretaries of the local self-government institutions. It stated that they are responsible for collection of fine, collection of cost for removal, registration of FIR, action to be taken against advertising agency/press etc.
3. The Court directed the State Police Chief to ensure full compliance of government orders and circulars by all station house officers and to take action for violations.
4. The Court also directed Joint Directors of local self-government institutions/convenors of district monitoring committees to ensure necessary review meetings and calling reports from Secretaries of local self-government institutions.
5. The Court directed the Election Commission of India and State Election Commission of Kerala to comply with orders of the Court and government orders and to ensure that there no violations during the elections. The Court further stated necessary directions to be added in the model code of conduct in future.
6. Road Safety Authority directed to ensure compliance under Section 14 of the Kerala Road Safety Authority Act, 2007 and to take steps.
The Court explained that visual pollution disables the ability to enjoy a vista or view. Court stated that authorities not taking care to maintain visual beauty of our State and unmindfully contributing to it is shameful.
On elaborating the concept of 'Aesthetic Destinations', the Court observed that tourists are attracted to beautiful and neat destinations. It stated that destinations become desirable only when they are properly presented and aesthetically maintained.
The Court emphasized that 'Aesthetics Matter'. Court observed that pedestrian tourists finds it difficult when the limited pathways that are available are obstructed by flex boards, hoardings, banners, festoons and flags, fixed to, or hanging over them.
Further, the Court directed the Secretaries of local self-government institutions to file the first action taken report before the Court by April 12, 2025. The Court has also directed Secretaries of local self-government institutions to file report regarding establishment of internet platform where citizens can raise their complaints regarding illegal hoardings.
The Court also recorded its appreciation to various authorities for their work in removing the majority of illegal boards and banners from public places, thus making the State more cleaner and aesthetic.
Court concluded by stating that, “No doubt, the beginning has been made and it is widely reported that our State has become cleaner and more aesthetic on account of the removal of the majority of the unauthorised boards/flags and festoons. It is now for the Government to implement their own Orders/Circulars, as also the directions of this Court in the earlier interim orders and which are part of this judgment. This Court has no doubt that necessary measures in this regard are imperative, for the march of this State to the future years, to achieve the ideal of 'Navakeralam' and to maintain it as “God's Own Country”.
Case Title: St. Stephen's Malankara Catholic Church v State of Kerala and Others
Case No: WP(C) 22750/ 2018
Citation: 2025 LiveLaw (Ker) 174