High Court Strikes Down NMC Tender for Hoardings on Footpaths

Nagpur, India: The High Court has ruled that the Nagpur Municipal Corporation’s (NMC) tender for putting up hoardings on footpaths is illegal. The decision was given by Justice Nitin Sambare and Justice Vrushali Joshi, who stated that the tender, issued on December 4, 2024, violates the Advertising Rules 2022 set by the Maharashtra Government.
The case was filed by the Citizens Forum for Equality, led by Madhukar Kukde, who argued that these hoardings block footpaths and violate citizens' rights. The petitioner pointed out that Rule 5 of the Advertising Rules 2022 does not allow hoardings on public roads, footpaths, or intersections. They also argued that these rules replace the outdated Outdoor Advertising Policy 2001.
The High Court agreed that the Advertising Rules 2022 are legally stronger than the Outdoor Advertising Policy 2001, which was created when there were no clear laws for advertising. The court rejected arguments from Senior Advocate SK Mishra, who said the 2001 policy was still valid.
Advocate Dr. Tushar Mandlekar, who represented the petitioner, successfully argued that allowing hoardings on footpaths violates people’s right to access public spaces.
With this ruling, the NMC’s tender has been cancelled, ensuring that footpaths remain free for public use.
