BBMP
Credit: DH Photo
It appears that either Deputy Chief Minister DK Shivakumar or his office may have misinterpreted the Karnataka High Court's stance. This is evident from his assertion that the BBMP would initiate a Rs 50,000 penalty for each unauthorised hoarding within the city.
The Karnataka Open Places (Prevention and Disfigurement) Act said that the BBMP has the authority to impose a maximum fine of Rs 1,000 or sentence an offender to imprisonment for up to six months.
Shivakumar, responsible for the Bengaluru Development portfolio, declared that the BBMP would impose a Rs 50,000 penalty on each violator, starting from August 15. This stands true regardless of whether the offender belongs to the Congress, BJP, or any other political party.
Most likely, the Deputy Chief Minister is drawing on a High Court order dated August 2, in which the division bench, comprised of Chief Justice Prasanna B Varale and Justice M G S Kamal, stated that a fine of Rs 1 lakh would be applied to each illegal hoarding or banner.
The court expressed its dissatisfaction with the BBMP's compliance report and determined that 50% of the cost would be borne by the corporation, while the remaining 50% would be covered by the state government.
However, legal experts have asserted that the BBMP or the government cannot shift the financial burden imposed on authorities for inadequately implementing statutory laws onto the offenders unless such a provision is explicitly outlined in the act.