Kerala High Court Flags Failure Of K-SMART System For Removing Illegal Hoardings, Suggests WhatsApp-Based Complaint Model

The Kerala High Court on Thursday (15 January) flagged the failure of the K-SMART Grievance System for Removal of Illegal Hoarding. The Court has directed the authorities to adopt a WhatsApp-based system used by the Local Self Government Department in dealing with waste dumping.Justice Devan Ramachandran was considering a review in a plea against illegal and unauthorized flags and banners. The Court had earlier, disposed of the plea and gave directions declaring installation of unauthorized boards, banners, hoardings, flags, festoons as illegal and liable to fine and penal action.During the hearing, amicus curiae in the case, Adv. Harish Vasudevan, drew the Court's attention to serious issues confronting the functioning of the K-SMART complaint redressal platform. He submitted that complaints uploaded on the portal alleging violations were not being meaningfully examined and were instead being closed mechanically, without any follow-up action. He has also submitted a report before the Court highlighting the instances of violations of the Court order in various places including Thiruvananthapuram. Emphasising the need for a more effective and citizen-responsive mechanism, the amicus curiae suggested adopting the model developed by the Local Self Government Institutions (LSGI), Department to curb roadside garbage dumping. He explained that the system operates through a dedicated WhatsApp number, enabling citizens to lodge complaints directly, with an incentive mechanism whereby a portion of the fine collected is shared with the complainant.Supporting this submission, M. Ajay, appearing for the Central Pollution Control Board, affirmed that the LSGI Department in Kerala had already adopted this WhatsApp-based platform pursuant to various directions issued earlier by the High Court.The Standing Counsel of the State Election Commission, Deepulal Mohan, submitted that during the last election process (LSGI Elections) every effort had been taken to ensure removal of unauthorised boards, flags and materials from public places. He added that even boards erected in private spaces had been removed to a large extent.Prima facie, the Court observed that the submissions of the amicus curiae, which were largely uncontested, revealed an absolute requirement to empower LSGI Secretaries while simultaneously making them personally accountable. Although such accountability had already been underscored in earlier judgment, the Court noted that without specific directions, effective enforcement would remain elusive. The issue, the Court said, would be examined in greater detail when the pending review petition is heard on merits.The Court expressed particular concern over the ineffectiveness of the K-SMART platform, noting that the materials on record, including the amicus curiae's report, demonstrated that complaints were being disposed of merely by marking them as closed, without substantive action. The Court thus directed that whatsapp-based method adopted by LSGI can be adopted in dealing with hoardings as well as it found to be feasible. “The alternative certainly has to be thought of and the model adopted by the department of LSGI would be the most feasible, at least in the present scenario. The government will have to take steps to put this in place.” Court said.The Court further recalled that its judgment required Joint Directors of Urban Affairs, LSGD, to exercise overall supervision and submit reports to the Court. However, it noted that the Government Order dated 07 January 2016 did not fully reflect this mandate and instead required Secretaries to submit action-taken reports directly to the Government.Referring to violations highlighted in individual cases, including those relating to Thiruvananthapuram, the Court observed that they stood as testimony to the callous manner in which authorities and systems were implementing what was legally imperative. “Vested interests appear to have an upper hand, but this cannot be allowed since it would drop the integrity of the rule of law.” Court added. Accordingly, the Court directed the Government to act in terms of its order dated 07.01.2016 and ensure that a comprehensive action-taken report be placed before the Court before the next posting date. It also directed the Joint Directors of Urban Affairs, LSGD, to file independent reports within the same timeframe.In addition, the competent authority of the Government was directed to formally adopt the LSGI waste-dumping complaint model and place the proposed mechanism before the Court for compliance. The WhatsApp number to be used and the manner of its operation are to be specifically detailed in the pleadings to be filed.The Court noted that timelines earlier fixed for Secretaries to act against violations had already expired. It warned that every unauthorised board in public spaces would now have to be personally answered by the concerned Secretary. “Every board in the public sphere in violation of the direction of this...

Kerala High Court Flags Failure Of K-SMART System For Removing Illegal Hoardings, Suggests WhatsApp-Based Complaint Model

Anamika MJ

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