Madras HC bans Advertisements, Hoardings at Traffic Junctions

Days after the Madras High Court banned the depiction of living persons in banners, a Division Bench of Justices MM Sundresh and M Sundar has effectively banned the erection of advertisements, banners and hoardings near traffic signals..A petition calling for the court’s intervention in the matter had been filed by K Kathirmathiyon, on behalf of Coimbatore Consumer Cause in 2016..The petition pointed out that several advertisements and hoardings put up in the vicinity of busy road intersections and traffic signals were in square violation of the Guidelines issued by the Indian Road Congress (IRC) as well as the Tamil Nadu Urban Local Bodies Licensing of Hoardings and Levy and Collection of Advertisement Tax Rules, 2003..Particular emphasis was placed on the following provision in the IRC guidelines:.“9.2.8. No sign, Signal or any other device erected for traffic guidance and/or traffic information shall obscure any other traffic sign. Further, the signs and signals shall not carry any advertisement.”.Further, in response to an RTI application made to the IRC, the petitioner was informed that according to the law,.“Advertisements should not be permitted. at or within 100 m of any road junction. within 50 m along the road of any sign board erected for the regulation of traffic on boards, placards, cloth banners or sheets hung across a road as they distract the attention of the drivers and are therefore, hazardous.”.In light of various submissions made, and in the interest of upholding the right of way, the Court has directed that the authorities ensure such advertisements and hoardings are not erected near traffic signals in the future..The Court was of the view that compliance of the comprehensive policy framed by the IRC is mandatory. Therefore, it was ordered that the same be necessarily applied uniformly to State and National Highways. The authorities were directed not to issue any fresh permits or renew old permits for such advertisements contrary to the IRC guidelines..However, responding to objections raised by private parties to a blanket ban, the Court allowed advertisements that had been erected after obtaining due permission from the concerned authorities to continue until the expiration of their term..The authorities were ordered to comply with the order of the Court within 12 weeks..Read Affidavit filed by Coimbatore Consumer Cause below..Click here to download the Bar & Bench Android App