Bombay High Court Declares NMC’s Hoarding Tender on Footpaths Illegal

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Bombay High Court ruling on NMC hoarding tender affecting footpaths and public accessibility.

NMC Hoardings: In a landmark ruling, the Nagpur Bench of the Bombay High Court has deemed the Nagpur Municipal Corporation’s (NMC) tender for installing advertising hoardings on footpaths illegal. The verdict reinforces the Advertising Rules 2022, ensuring that public spaces remain accessible to pedestrians.

Background of the Case | NMC Hoardings

The case originated from a public interest litigation (PIL) filed by Citizens Forum for Equality, led by President Madhukar Kukde. The division bench of Justice Nitin Sambre and Justice Vrushali Joshi ruled in favor of the petitioners, stating that the newly enacted Advertising Rules 2022 take precedence over the outdated Outdoor Advertising Policy 2001.

Legal Arguments Presented

Petitioners’ Stand

Adv. Tushar Mandlekar, representing the petitioners, challenged NMC’s tender issued on December 4, 2024.
He argued that Rule 5 of the Advertising Rules 2022 explicitly prohibits hoardings on public roads, footpaths, and intersections.
He emphasized that the 2001 policy was created during a legal void and cannot supersede the latest regulations.
He asserted that hoardings on footpaths violate citizens’ fundamental right to accessible pathways.

NMC’s Defense

Senior counsel Adv. S. K. Mishra and Adv. Gemini Kasat defended NMC, citing Rule 29 of the Advertising Rules 2020.
They argued that previous orders from the High Court and Supreme Court should override the 2022 rules.
They claimed that the 2001 policy, being High Court-approved, should still be valid.

Court’s Decision and Justification

The High Court rejected NMC’s arguments, ruling that the 2022 Advertising Rules hold legislative authority.
It upheld that public pathways must remain obstruction-free to protect pedestrian rights.
The ruling reinforces that municipal policies cannot override state-enacted legislation.

Impact of the Verdict

For Pedestrians

Ensures unhindered movement for commuters.
Strengthens public safety and pedestrian-friendly city planning.

For Advertisers and Businesses

Businesses will need to explore legal advertising options in compliance with the 2022 rules.
Stricter approval processes will be enforced to ensure compliance.

For Municipal Corporations

Encourages revised urban planning policies that prioritize accessibility.
Limits misuse of public spaces for commercial gain.

The Role of Advertising Rules 2022

The Advertising Rules 2022 aim to:

Regulate outdoor advertising effectively.
Prevent illegal installations in public spaces.
Promote aesthetic urban landscapes by ensuring responsible advertising.

What’s Next for NMC?

NMC may have to revise its advertising policies to align with the 2022 rules.
The ruling sets a precedent for other municipalities regarding outdoor advertising regulations.

Public Reactions to the Verdict

Citizen activists hail the decision as a victory for pedestrian rights.
Advertising firms express concerns over limited advertising spaces.
Legal experts highlight the importance of legislative compliance.

The Bombay High Court’s decision against NMC’s hoarding tender underscores the importance of pedestrian rights and adherence to state-legislated advertising regulations. By reinforcing the Advertising Rules 2022, the court ensures that public spaces remain accessible and obstruction-free for all citizens.

1. What led to the court case against NMC?

The case was initiated by Citizens Forum for Equality, challenging NMC’s tender for advertising hoardings on footpaths, which violated the Advertising Rules 2022.