Leave to proceed granted in CMC hoarding case

Wasantha Ramanayake

COLOMBO: The Supreme Court yesterday granted Leave to proceed with a Fundamental Rights application filed by former Colombo Municipal Council (CMC) Deputy Mayor Azath Salley who sought to remove illegal hoarding in the Colombo City limits.

The Bench comprised Justice Dr. (Mrs.) Shirani Bandaranayake, Justice Saleem Marsoof PC and Justice Andrew Somawansa.

Counsel for petitioner Salley submitted that there were large number of unauthorised hoardings erected in the municipal area in violation of the by-laws and the guidelines of the CMC on the erection of hoardings.

The counsel submitted that the Supreme Court made the orders last year permitting the CMC to remove hoardings which were in violation of the guidelines in respect of several fundamental rights applications challenging CMC’s power to remove such hoardings.

He submitted that CMC had not only failed to remove the illegal hoardings but also the third respondent Municipal Commissioner continue to approve the erection of new hoardings in violation of the guidelines. He also submitted that 1-3 respondents had failed to evolve transparent and accountable mechanism of receiving revenue by advertisements hoardings.

The counsel submitted that some of the hoardings were erected even on the pavements disturbing pedestrians and in most cases hoardings were erected on two more poles and were over-sized. Some were depicting nudity and semi nudity. He submitted that all instances were in violation of the guidelines.

The counsel further submitted that the scenic and aesthetic beauty and the historical value of the city had been irreparably marred and disturbed posing danger to the safety and the morale of the public.

The petitioner sought to remove illegal hoardings and interim order to restrain the respondents from granting approval for constructing new hoardings within the City limits.

The petitioner cited CMC, its Mayor and Deputy Mayor and Municipal Commissioner Jayantha Liyanage and five others as respondents. Counsel J.C. Weliamuna instructed by G.G. Arulpragasam appeared for the petitioner.

The Court also issued notice to the respondents returnable on September 20.