The Hindu : Court upholds removal of advertisements on signboards

Online edition of India's National Newspaper
Thursday, Apr 01, 2004

Kerala

Kerala

Court upholds removal of advertisements on signboards

By Our Staff Reporter

KOCHI, MARCH 31. The Kerala High Court today upheld the action of the Kochi traffic police in removing the advertisements on traffic signboards and directed the Police Commissioner to remove remaining the signboards, which obscured the vision of drivers and distracted their attention.

The Bench, while dismissing a writ petition filed by the Rotary Greater Cochin, Kakkanad against the police action in removing the signboard installed by them, said that the traffic police were entitled to remove any advertisement on a traffic signboard or the advertisement placed near the signboards.

The court, however, ordered that the advertisements, which did not completely obstruct the traffic signboards be retained to avoid any breach of contract between the contractor and the Rotary Club, as the contract period would be over soon. The court also prohibited the Road Safety Committee (RSC) from granting any right to advertise on roads and held that such rights could be granted only by the Public Works Department (PWD).

Besides, the court ordered that the PWD or the Kochi Corporation, as case may be, could install traffic sign boards on the roads in accordance with the instructions of the (RSC).

The Corporation or the PWD, as the case may be, could collect advertisements charges for placing advertisements along the roads.

The court observed that Section 116(4) of the Motor Vehicles Act empowered the police to remove any advertisement placed near a traffic signboard, which obstructed the signboard or distracted the attention of the drivers.

Therefore, the advertisements on the traffic signboard were not contemplated under the Act. The traffic signs were meant to guide the drivers.

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