No flags in private housing societies BMC tells Bombay HC
Mumbai Civic Body tells Bombay High Court that sans their permission no private housing societies can display flags.
Reportedly, the Court was hearing a plea by an ex-military officer who raised concerns about the unauthorized display of political flags in his cooperative
housing society in Sion.
The submission was made in response to a petition filed by retired military officer, Captain Haresh Gaglani, who raised concerns over the unauthorized display of political flags in his cooperative housing society in Sion.
Gaglani’s complaint, filed in November 2023, concerned five flags displayed on the road-facing wall of his society. After his efforts to address the issue with the society’s secretary failed, Gaglani sent formal complaints to the BMC’s Assistant Municipal Commissioner and later issued a legal notice.
With no response from the corporation, he filed a petition with the Bombay High Court in February 2024 through⁶ advocate Darshit Jain.
Earlier, a Bench of Justice Revati Mohite Dere and Justice Neela Gokhale had reprimanded the civic body BMC for not addressing whether flag displays are permissible in private housing societies. In its earlier affidavit, the corporation had primarily focused on defacement policies for public spaces, and had failed to clarify its stance on private housing societies.
Justice Revati Mohite Dere and Justice Neela Gokhale.
As a result, the Court had ordered the corporation to submit a revised affidavit which was presented on Tuesday.
According to the affidavit filed by the Senior Inspector of the F/North ward, the display of any flag or banner, whether in public or private spaces, requires explicit permission from BMC.
The only exceptions are during elections and the Navratri and Ganesh festivals, it was stated.
“Without the written permission of the competent authority i.e. the officer authorized by Municipal Commissioner, the permanent or temporary display of flags of political parties, advertisements etc. is not at all permissible. The restriction applies to both private and public places,” the affidavit clarified.
In the case of a private housing society, permission to display a flag/banner can be granted only if the concerned landowner, house owner or society provides a no objection certificate (NOC).
The BMC’s affidavit further outlined the procedures for handling complaints about unauthorized displays of flags, posters, and banners.
According to the affidavit, the BMC’s Senior Inspectors conduct daily drives from 8 AM to 10 AM and 3 PM to 5 PM to remove illegal displays on public property, such as roads and footpaths.
They maintain a register of complaints received via various channels, including in person, by post, email. WhatsApp, Twitter and the BMC’s online portal.
The register also tracks the actions taken to resolve these complaints.
Additionally, a circular issued by the BMC’s License Department on December 27, 2024, provides detailed guidelines on handling complaints related to flag/banner displays.
Notwithstanding these provisions, the Court, expressed dissatisfaction with the BMC’s implementation of the law.
The Bench pointed out that most flags and banners are put up at night, and removing them the following day is insufficient after the purpose is served.
The court stated to the civic body that they receive a complaint of a flag put up, and it is the next day. The response time has to be fast. What is the purpose in pulling down the flag the next day? It’s put up at night. The civic body official can go in the night and remove it. That should be their response time. The Court opined that
Time is of essence in such cases.The Court also suggested that in certain cases, FIRs should be filed against those responsible for illegal flag displays.
Referring to a recent incident in Thane, the Court mentioned,
BMC can go in the night and remove it… there should be some repercussion.”
The Thane Municipal Corporation had removed several illegal hoardings and filed FIRs against those responsible for putting up illegal banners and hoardings after a sitting judge of the Supreme Court, Justice Abhay Oka, raised concerns about the multiplicity of illegal hoardings.
While the Court acknowledged that filing FIRs for every instance might not be necessary, it stressed the importance of holding individuals accountable.
In response, the BMC counsel indicated that the petition would be considered as a representation and an order would be passed within four weeks after hearing from all parties including Gaglani, the housing society and the individuals who allegedly put up the flags.
The Court will hear the matter again after six weeks to ensure compliance.
News Edit KV Raman
