Railways to SC: For billboards on our lands, will take full responsibility

MUMBAI: The Railways on Friday informed the Supreme Court that it would take full responsibility of billboards on its central and western railway lands in Mumbai for the forthcoming monsoon.
The SC vacation bench was hearing a petition filed by the BrihanMumbai Municipal Corporation (BMC). The civic body was challenging the reluctance of western and central railways in complying with a May 15 order under the Disaster Management Act, 2005, to carry out structural audit of all hoardings and to remove all oversized hoardings following the tragic May 13 billboard crash in Mumbai’s central suburb of Ghatkopar in which 17 persons lost their lives.

During the hearing before the SC vacation bench of Justice Sanjay Kumar and Justice Augustine George Masih, senior counsel Balbir Singh for the BMC sought time to file a rejoinder to Railways’ reply. The Railways sought time to produce further documents before the SC, and the top court posted the matter to July 10 for further hearing. Singh then raised the issue of who would take the responsibility during the monsoons in Mumbai for any mishap due to the huge hoardings on railway land.
Additional Solicitor General Vikramjit Banerjee for the Railways, on instructions from the ministry, made a statement which the SC recorded. The ASG said that “the Railways would take full responsibility as regard the hoardings standing on central and western railway lands and shall ensure no untoward incident occurs owing to the monsoons.”
The BMC’s plea was filed by its additional municipal commissioner Ashwini Joshi as the ex-officio chairperson of the District Disaster Management Authority (DDMA), Mumbai city. The civic plea was in its pending special leave petition (SLP) challenge filed in 2018 against a Bombay high court ruling that held civic laws were inapplicable on hoardings erected on railway lands.
The railways contended that removing large hoardings suddenly may attract commercial and legal ramifications, as licensees would also need to be heard. The railways reply had said, “All hoardings erected on railway land are awarded through open tender or e-auction system... As far as safety of railway hoardings is concerned, in terms of contractual provisions, every year structural stability certificates are called for from concerned licensees.”
The Railways opposed the civic plea and sought its dismissal, also on grounds that the BMC and DDMA are two distinct authorities and one cannot represent the other. The DDMA is not part of the BMC’s pending SLP.