On May 13,  a 140 X 120 feet billboard erected in 2022 collapsed in Ghatkopar, killing 17 people and injuring 74. It clearly violated the permissible limit of 40 X 40 feet specified by the Brihanmumbai Municipal Corporation (BMC).

It was reported that the advertising agency, Ego Media, which had put up the hoarding had been leased a total of nine billboards by the Government Railway Police (GRP)—four at Ghatkopar and five more at Dadar Tilak Bridge. Moreover, the due tendering process was followed only for three of them.

Terms and conditions in the tender document related to the Ghatkopar hoarding were revised after the contract was awarded to Ego Media. These revisions were regarding the extension of the contract from 10 years to 30 years and the size of the hoarding. There was also the condition that it would be the responsibility of the agency to get permission from the corporation and other agencies and pay the requisite fees to them. Post the accident it was found that the foundation of the hoarding was weak.

In the wake of this incident, it is high time that the BMC should revise its policies regarding outdoor advertising—a step which has been taken by the BMC. A draft of the policy has been released and suggestions have been invited from the public.

The reasons for creating this new policy are mentioned in the preface— the existing policy guidelines were valid for 10 years and expired in 2017. Further, in 2017 the High Court gave an order for such guidelines to be formulated in a public interest litigation filed in 2011. 

This article lists a few key points from the draft policy. You can read the entire draft policy here.

New points in the draft policy on hoardings

The following are some of the new points added to the policy.

• A hoarding which is to be put up near a high-tension wire will require an NOC from the concerned electricity distribution company.
• There will be a standard operating procedure to ensure structural stability.
• According to the previous guidelines the sizes of the hoardings were dictated by the zone in which they fell. This guideline has been scrapped. Now advertisers can put up hoardings of any size (which adhere to policy guidelines) anywhere in the jurisdiction of MCGM.
• The permit for advertising will extend only three months after the date of expiry as opposed to six months earlier.

Read more: Why Chennai has not been able to get rid of illegal street hoardings

Responsibilities of the advertiser while erecting hoardings

• The advertiser will need to get a structural stability certificate from structural engineer of the BMC if they intend to erect, fix, retain or display an advertisement board more than 300 square feet or if it is forming a sky-sign above 100 square feet.
• Advertisements fixed on heritage structures may require the permission of the Heritage Committee. Special care will be taken while putting these up so as not to not damage the structure. The BMC may reject the proposal to put up an advertisement if it deems that the advertisement does not preserve or enhance the appearance of the conservation area.
• The permit holder will abide by the terms and conditions stated in the permission letter.
• In case there is an accident the advertiser will be liable against actions / suits /claims / damages and demand of any nature.

Temporary advertisements

• Without the written permission of the competent authority advertising agencies cannot temporarily erect, exhibit, fix or retain any advertisement board on buildings under construction / building wrap or on buildings under repair. The same applies to banners, boards, flags and direction boards.
• Temporary advertisements include banners, boards, flags, advertisements on mobile vehicles (Parked / Moving), advertisements by means of laser / digital display / video displays specifically for events, wall painting, advertisement on building under repair or under construction by means of wrap, floating balloons, advertisement on moving cars / taxi by means of illumination, advertisement on moving vehicles displayed by stickers by means of non-illuminated on taxi/ buses etc.
• During Ganesh Chaturthi and Navratri, political parties will be permitted to display their banners on the pandal following BMC circulars which are released from time to time.

Read more: Ganpati stalls on Mumbai footpaths make pedestrian lives difficult; are they legal?

Banner policy during election code of conduct

• Public property cannot be used for writing on walls, displaying banners, election material, flags or hoardings.
• State transport buses or government-owned vehicles cannot be used for political advertisements.
• Flags or banners can be put on private premises with the voluntary permission of the occupants.
• Private vehicles can sport flags or stickers in such a way that they do not cause inconvenience to other road users.
• Commercial vehicles cannot display election material unless it is validly being used for campaigning.
• Only one flag or banner can be put up with the party symbol or photograph at the temporary campaign office of political parties.
• Political parties are not allowed to put up flags/ banners/hoardings at bus queue shelters, cantilevers, kiosks, electric poles or any other structure of the BEST authority on municipal roads.

Civic groups react to the hoardings policy

The Federation of Residents Trust (FORT) which includes citizen groups like Nariman Point Churchgate Citizen’s Association (NPCCA), Organisation for Verdant Ambience and Land Trust (OVAL Trust), Oval Cooperage Resident’s Association (OCRA), Art Deco Mumbai Trust (ADMT), Urban Design Research Institute (UDRI), and the Kala Ghoda Association (KGA), has given some suggestions to the BMC and raised some objections.

They are concerned about the effect that outdoor advertisements will have on heritage structures. The current policy has mandated a distance of 70 metres between hoardings as opposed to the previous 100 metres. These organisations say that this will hamper the aesthetic appeal of heritage buildings. They have also pointed out that the policy does not specify the maximum illumination, colour, height and video content of digital advertisements.

Additionally, they have suggested appointing an officer at the ward level to oversee compliance with rules and the facility for citizens to lodge complaints online on the MCGM website.

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