BMC to Bombay High Court: No Flags in Private Housing Societies Without Permission
BMC to Bombay High Court: No Flags in Private Housing Societies Without Permission
The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to take immediate action against unauthorized political flags and banners displayed in housing societies and public spaces without prior permission. The court emphasized that delayed action defeats the purpose of regulation and causes distress to complainants.
Ex-Military Officer’s Plea Prompts Court’s Intervention
The directive came during the hearing of a petition filed by Captain (Retd.) Haresh Gaglani, a 1971 war veteran and activist, residing in Narottam Niwas Cooperative Housing Society, Sion (West). Gaglani had raised concerns over five political flags unlawfully put up on his society’s compound wall in November 2023, allegedly by a man named Abhishek Sawant.
Despite filing complaints with the BMC’s F-North Ward and local police, no action was taken, prompting him to approach the High Court. His petition, filed through advocate Darshit Jain, cited violations under the Maharashtra Prevention of Defacement of Property (MPDP) Act.
Court Criticizes BMC for Delayed Response
A bench of Justices Revati Mohite-Dere and Neela K Gokhale reprimanded the BMC for failing to act promptly on the complaint. The judges stressed the need for a mechanism to penalize violators and ensure timely removal of illegal displays.
“Everything looks good on paper, but what about action time? Their purpose is achieved once the flag is put up. If you (BMC) fail to act immediately, you are turning a blind eye,” the court remarked.
BMC Promises Action, Apologizes for Lapses
BMC senior inspector Ganesh Mudale stated in an affidavit that displaying any flag—temporary or permanent—without written permission is prohibited. While flags at government or civic events are exempt, private societies must obtain an NOC from the landowner. He added that BMC conducts daily drives across 24 wards to remove illegal banners and urged citizens to report violations via BMC’s portal, social media, or helpline 1916.
Advocate Drupad Patil, appearing for BMC, apologized for the delay and assured the court that Gaglani’s petition would be treated as a formal representation, with necessary action taken within four weeks.
High Court Urges Proactive Governance
The court disposed of the plea but reminded the BMC that swift action prevents legal battles. The ruling underscores the growing concerns over unauthorized political displays, a relevant issue during election seasons and festivals like Ganpati and Navratri, when such banners often flood public spaces.
This case highlights the role of vigilant citizens in holding authorities accountable—a principle often seen in grassroots activism and community journalism. Such local issues, when left unaddressed, can escalate into major civic challenges, making timely intervention crucial.
