The Nagpur Bench of the Bombay High Court on Wednesday rebuked the Nagpur Municipal Corporation (NMC) for permitting hoardings to encroach on city footpaths. The court instructed the civic body to put an immediate stop to the use of public spaces for commercial purposes.
A Division Bench of Justice Nitin Sambre and Justice Vrushali Joshi directed the Nagpur Municipal Corporation (NMC) to prevent the installation of hoardings on footpaths citywide. Notably, the NMC had recently issued a tender for these hoardings, which was contested by the petitioners in the case.
During Wednesday’s hearing, the Division Bench raised concerns and directed the Nagpur Municipal Corporation (NMC) to provide an explanation within a week. The petitioners’ counsel highlighted that placing hoardings on footpaths obstructs public access and infringes on citizens’ rights to use these spaces. The case stems from a Public Interest Litigation (PIL) filed by Madhukar Kukde, President of the Citizen Forum for Equality, who argued that footpaths in Nagpur are being commercialized with hoardings and other encroachments, hindering pedestrians’ free movement.
The Citizen Forum’s complaint also highlighted that the Nagpur Municipal Corporation (NMC) failed to act on a representation made in August 2024, requesting the removal of such encroachments. The petitioners’ counsel referenced a 2000 judgment by Justice J M Patel, where Bhushan Gavai, now a Supreme Court Judge, had argued that erecting hoardings on footpaths infringes on public spaces meant for pedestrians and should not be permitted.
In 2022, the State implemented a new Advertising Policy under Section 37 of the MRTP Act, explicitly prohibiting the use of footpaths for hoardings. However, despite this clear directive, the Nagpur Municipal Corporation (NMC) went ahead with issuing tenders for such hoardings. During earlier hearings, the High Court had questioned Deputy Commissioner of Police (Traffic) Archit Chandak on the legal measures available to address footpath obstructions. In response, the NMC submitted an affidavit detailing its actions, including imposing fines of up to Rs 2,000 on violators.
In the ongoing case, the High Court directed the Nagpur Municipal Corporation (NMC) to include the Smart City Project in the proceedings, seeking further clarification on measures to tackle the issue of footpath encroachments.
Advocate Tushar Mandlekar represented the Citizen Forum, while Advocate Girish Kunte appeared for the Nagpur Improvement Trust (NIT). Additional Government Pleader Nitin Rao represented the State, and Advocate Sudhir Puranik represented the NMC.