CASE UPDATE 15 – Visual Pollution Case CA Writ 135/2009
March 22, 2021
This case was filed by Centre for Environmental Justice in the Court of Appeal seeking for a writ of Mandamus against the Inspector General of Police and Central Environmental Authority for the formulation of regulation on an unauthorized hoardings and billboards.
The Petitioner stated that the posters, banners and hoardings of different sizes, colors and shapes displayed by candidates contesting the elections have obliterated the natural beauty and vistas of the cities and major towns. The sites, such as the vicinity of educational institutions, places of worship, buildings of national importance, historical monuments, places of scenic beauty and visual quality have already been affected. The movement of pedestrians has also been impeded as pavements are obstructed due to the posters and banners.
As a result of this case, Control of Bill Boards and Hoardings (Visual Pollution) Regulations No. 01 of 2019 was issued as the Gazette No.2148/19 dated 05.11.2019 under the sections 10 (i) and 32(2)(o) of the National Environmental Act, No. 47 of 1980 to provide regulations on Control of Billboards and Hoardings bearing. According to the aforementioned Gazette, any bill board, hoarding, structure or device used for the purpose of displaying an advertisement shall be in conformity with these regulations and shall not be erected obstructing the view of natural environment, landscape, visual amenity and safety of persons. Also, a person shall not do so without a permit issued for such purpose by the relevant Authority subject to the payment of a fee. The relevant Authority shall issue the permit for a period not more than twelve (12) months and may be renewed annually subject to the payment of a renewal fee. Otherwise, the relevant Authority shall inform the holder of permit to remove such bill board, hoarding, structure or device used for the purpose of displaying an advertisement from such place. Also, the relevant authority shall have the power to remove such advertisements. [END]