Observing that the Bruhat Bangalore Mahanagara Palike’s Outdoor Signage and Public Messaging by-law-2018 apparently has deemed to have come into force as the government did not accord sanction within the stipulated period of 90 days, the Karnataka High Court on Tuesday indicated that it will pass necessary orders on July 25 asking the BBMP to enforce the by-laws.
A division bench comprising Chief Justice Abhay Shreeniwas Oka and Justice H.T. Narendra Prasad made these oral observations while hearing PIL petitions related to illegal hoardings, posters, banners, through which the court has been monitoring steps take by the BBMP for removing illegal structures.
When the Advocate-General submitted a copy of a draft notification issued by the State government through which it has notified draft rules, under Section 427 of the Karnataka Municipal Corporations Act, in lieu of the by-laws submitted by the BBMP, the bench pointed out that the BBMP’s by-laws are apparently deemed to have been sanctioned as the government did not accord sanction within three months as per Section 425 of the KMC Act, as was pointed out during an earlier hearing.
The State government, terming that the BBMP’s advertisement by-laws 2006 or any other by-laws in force are “not adequate,” had on July 15 notified the BBMP Advertisement Rules, 2019, and invited objections and suggestions from the public as well as from the BBMP within 15 days.
The BBMP had sent the by-laws to the government in December 2018. On January 3, 2019, the government had admitted in court to receiving the proposed by-laws from the BBMP and that the same was being examined by the government.
