The High Court of Karnataka on Wednesday ordered issue of notice to the State government on a PIL petition questioning the legality of the Bruhat Bengaluru Mahanagara Palike Advertisement Rules, 2019, notified by the State government on the day the then Chief Minister B.S. Yediyurappa resigned from the post.
A Division Bench comprising acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum passed the order on the petition filed by Sai Datta, a social worker from Bengaluru.
The petitioner has claimed that the Rules are contrary to various directions issued by the High Court for removal of illegal hoardings and to prevent disfigurement of open spaces besides being violative of the guidelines of the court on erecting advertisement hoardings.
Pointing out the draft of this Rule was notified back in July 2019, much before the BBMP Act, 2020, came into force from January 11, 2021, the petitioner has questioned the act of notifying the rule draft of which was not notified under the BBMP Act.
Though the draft of the 2019 Rules was issued in July 2019, it was finally notified on July 26, 2021, the day then Chief Minister B.S. Yediyurappa resigned from the post, the petitioner has said.
The petitioner has also contended that the manner in which hoardings are permitted under the 2019 Rules violates the provisions of the Karnataka Open Places (Prevention of Disfigurement) Act,1981.
Also, the petitioner has questioned what was need for the State government to notify the new rule when the Bruhat Bengaluru Mahanagara Palike Out Door Signage and Public Messaging Bylaws, 2018, dated September 6, 2019 is in existence.
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