HC orders notice to State govt on Open Places Act

by news
December 20, 2017

Bengaluru: The High Court of Karnataka has ordered issue of notices to the State government on a public interest litigation (PIL) petition, which sought a direction to the authorities to effectively implement the Karnataka Open Places (Prevention of Disfigurement) Act, 1981 by framing relevant rules and regulations.

A vacation Division Bench comprising Justice K.N. Phaneendra and Justice B. Veerappa passed the order on the petition filed by Mayige Gowda, a resident of Saraswatipuram in Bengaluru.

The KOP Act to prevent disfigurement of open places was enacted by the legislature in 1981, emphasising the immediate need to have a separate law after noticing that provisions under the Karnataka Police Act, 1963 and the Municipal laws were not found to be sufficient to check these menaces effectively, the petition said.

However, the KOP Act itself remained not properly implemented during the past 36 years in the absence of rules and regulations for operation of its provisions and it is not clear in the Act as to who should monitor unauthorised hoardings, flex, buntings and banners, though the Act was to prevent disfigurement.

While seeking a direction to immediately frame rules for effective implementation of the KOP Act, the petitioner also sought a direction to the BBMP to remove all unauthorised hoardings.