Nagpur, 02 Apr (HS):-

The Nagpur Bench of the Bombay High Court has declared the Nagpur Municipal

Corporation’s (NMC) tender for installing advertising hoardings on footpaths as

illegal and in violation of the Advertising Rules 2022 set by the State government.

The verdict came

while hearing a Public Interest Litigation filed by Citizens Forum for

Equality, led by its President Madhukar Kukde. A division bench comprising

Justice Nitin Sambre and Justice Vrushali Joshi held that the Advertising Rules

2022, which carry legislative authority, take precedence over the Outdoor

Advertising Policy 2001, which was framed by NMC under the High Court’s

directives in 2000.

The petitioners, represented by Adv. Tushar Mandlekar, had challenged

the tender issued by the NMC on December 4, 2024. Adv. Mandlekar

highlighted that legislative provisions, including Rule 5 of the Advertising

Rules 2022, explicitly prohibit the installation of hoardings on public roads,

footpaths, and intersections.

He argued that the 2001 policy was introduced during a legal gray area

to regulate outdoor advertising, but is now outdated and cannot override the

newly enacted 2022 rules. He further contended that installing hoardings on

footpaths violates citizens’ fundamental right to access public roads and

pathways.

Senior counsel Adv. S. K. Mishra and Adv. Gemini Kasat, representing the

NMC, cited Rule 29 of the Advertising Rules 2020. They argued that previous

orders by the High Court and Supreme Court should take precedence over the 2022

rules and claimed that the tender followed the 2001 policy, which had High

Court approval.

The High Court,

however, rejected their arguments and declared the tender process for erecting

advertisement hoardings on footpaths illegal.

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Hindusthan Samachar / Ajay Vasant Mardikar