Search the Internet          Tips

Removal of hoardings does not violate
right to expression: SC

This ruling was given by a bench comprising Justice V N Khare and Justice N Santosh Hegde while disposing of a bunch of petitions challenging the Section 326(J) of the Tamil Nadu City Municipality Act.

The challenge was to the provisions, which conferred power on the municipality to remove any hoarding other than traffic and road signs 'visible to the traffic on road which is hazardous and disturbing to the safe traffic movement, so as to adversely affect free and safe flow of traffic'.

Upholding the Madras High Court's verdict rejecting the petitioners' plea, the apex Court Bench said, "We are inclined to agree with the high court that Section 326(J) of the Act is neither ultra vires of Article 14 (equality) nor Article 19(1)(a) (right to freedom of speech and expression)."

However, the bench said the high court erred in coming to the conclusion that 'the authorities were bound to remove all hoardings simply because they are visible to traffic'.

Tell us what you think of this report