Hoarding only on Corpn land: Court reserves order

The first bench comprising Chief Justice A P Sahi and Justice Subramonium Prasad before whom arguments prevailed over a batch of pleas moved by a hoarding printer’s association and Chennai Hoardings Association reserved orders without mentioning a date.

While the association contended that the amendment has only paved way for creating a monopoly and prohibiting any such activity on private land for no valid justification, the Government had submitted that the issues relates to public safety and is a policy decision taking into account the hindrance it causes to traffic and the danger it poses to pedestrians, safety of buildings andaesthetics.

Advocate General Vijay Narayan appearing for the Government had submitted that the amendment only amounts to limiting the participation by defining the place for setting up of hoardings and not prohibiting the petitioners from carrying on their trade and business.

Senior Counsel ARL Sundaresan appearing for the petitioners (hoarding association) contended that there were ample protections contained in the Act itself including penal provisions for the regulation and grant of license ofprivate persons.

It was further contended that the justification for bringing about the amendments on the ground of ensuring greater public safety coupled with an object of generating revenue for the municipal corporations does not reflect a nexus with the rationality of the object sought to be achieved by permitting such hoardings only on landbelonging to MunicipalCorporation.

The legislation reflects manifest arbitrariness as well as being discriminatory, thereby violating Article 14 of the Constitution of India and interfering with the fundamental rights guaranteed, it wasargued.