HC asks BMC to file affidavit disclosing how it takes down flags raised illegally

MUMBAI: Bombay HC asks BMC to disclose how it handles complaints about illegally raised flags, following a resident's plea for action. Next hearing on Feb 7.

MUMBAI: The Bombay high court on Friday asked the Brihanmumbai Municipal Corporation (BMC) to file an affidavit disclosing how it takes cognizance of and handles complaints regarding flags being illegally raised in public places. The court query came in a November 2023 matter filed by Haresh Gaglani, a Mumbai resident, through advocate Darshit Jain, against the BMC’s inaction at flags that were raised illegally on the gate of his housing society.

HC asks BMC to file affidavit disclosing how it takes down flags raised illegally

The matter was heard by a bench of justice Revati Mohite-Dere and justice Dr Neela Gokhale, after Jain had asked the BMC whether the person hoisting the flags had obtained necessary permission for doing so. “Despite complaining to the civic body no action was taken. The flags are raised for a certain occasion and after the occasion passes, then removing the flags has no consequences,” he said to the court.

The bench then asked the counsel appearing for the local body if there was any mechanism to handle such complaints and deal with the illegally hoisted flags and directed the civic body to file an affidavit. “There is an order of the court in another matter by Suswaraj Foundation regarding illegal hoardings and posters. You (BMC) should post the operative part of the order on your website and X handle,” the judges said.

The court had earlier directed the counsel appearing for the local body to ascertain whether such flags could be allowed to be raised in public property. “I have talked to the factory and building department and licensing department, it is not permissible,” the counsel told the court today.

Gaglani’s plea states that a resident of his apartment building had raised 5 flags around the apartment building in November 2023. So, he approached the BMC for their removal and punishment to the person raising them. Gaglani’s plea alleges that such raising of flags is an offence under the Maharashtra Prevention of Defacement of Property Act, 1995 and that BMC has failed to take any action for over a year.

The matter will now be taken up on February 7.