Bombay High Court Orders BMC to Remove Unauthorized Political Flags, Criticizes Delay in Action
Bombay High Court Orders BMC to Remove Unauthorized Political Flags, Criticizes Delay in Action
The Bombay High Court has ordered the Brihanmumbai Municipal Corporation (BMC) to take immediate action against unauthorized political flags and banners displayed in housing societies and public places without prior permission. The court stressed that any delay in removing such illegal displays defeats the purpose of regulations and causes frustration for those who complain.
Ex-Military Officer’s Plea Leads to Court’s Action
The directive was issued during the hearing of a petition filed by Captain (Retd.) Haresh Gaglani, a 1971 war veteran and activist, who lives in Narottam Niwas Cooperative Housing Society, Sion (West). In November 2023, he noticed five political flags unlawfully placed on his society’s compound wall, allegedly by a man named Abhishek Sawant. Gaglani filed complaints with the BMC’s F-North Ward and the local police, but no action was taken. Frustrated by the inaction, he approached the High Court. His petition, filed through advocate Darshit Jain, cited violations under the Maharashtra Prevention of Defacement of Property (MPDP) Act.
No flags in private housing societies without our permission: BMC to Bombay High Court
— Bar and Bench (@barandbench) March 12, 2025
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.
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Court Criticizes BMC for Delay
A bench of Justices Revati Mohite-Dere and Neela K Gokhale strongly criticized the BMC for its slow response to the complaint. The judges emphasized the need for a system that punishes violators and ensures prompt removal of illegal banners. They pointed out that authorities often take action only on paper, but fail to implement rules in 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 Apologizes and Promises Action
BMC senior inspector Ganesh Mudale, in an affidavit, stated that placing any flag—whether temporary or permanent—without written permission is illegal. However, flags at government or civic events are exempt. For private housing societies, an NOC (No Objection Certificate) from the landowner is required. He added that the BMC regularly conducts drives across all 24 municipal wards to remove illegal banners. Citizens were encouraged to report violations via BMC’s online portal, social media, or by calling helpline 1916.
Advocate Drupad Patil, representing BMC, apologized for the delay and assured the court that Gaglani’s complaint would now be treated as a formal representation. He promised that necessary action would be taken within four weeks.
High Court Urges Faster Action
While disposing of the petition, the High Court reminded BMC that acting swiftly on such complaints prevents unnecessary legal disputes. The case highlights the issue of unauthorized political banners, which often increase during election seasons and festivals like Ganpati and Navratri.
The ruling also shows how vigilant citizens play a key role in holding authorities accountable. Local problems like these, if ignored, can turn into major civic challenges, making quick intervention essential.
