Isabella Mariam

The High Court of Delhi Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela issued notice on a public interest petition filed by a welfare organization seeking enforcement of the policy prohibiting hoardings and banners on public buildings and places during elections. The Court also sought a report from the Delhi Police on the prosecutions initiated in the past year against violations of this policy, framed under the Delhi Prevention of Defacement of Property Act, 2007. Additionally, the Municipal Corporation of Delhi was directed to file an affidavit detailing actions taken to implement the policy, with both reports to be submitted within four weeks before the next hearing in February 2026.

The matter arose from a public interest petition filed by a welfare society seeking directions for enforcement of the policy framed to give effect to the Delhi Prevention of Defacement of Property Act, 2007. The petitioner requested implementation of measures against the unauthorized placement of posters, hoardings, and banners on public buildings and spaces, particularly during elections. The respondents included the Government of NCT of Delhi, the Municipal Corporation of Delhi, and the Delhi Police. The case focused on ensuring compliance with the policy framed pursuant to an earlier court order, which prescribed duties and procedures for civic bodies to prevent defacement of public property.

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The Court observed that “this public interest litigation petition seeks certain directions for implementing the policy framed to give effect to the provisions of Delhi Prevention of Defacement of Property Act, 2007.” It recorded that “the policy has been framed in compliance of an order dated 28.02.2018 passed by this Court in W.P.(C) 3367/2015, Col. Shivraj Kumar v. SDMC & Ors.” The Bench stated that “the policy cast certain duties on the civic bodies to take action against the placement, generally the placement of posters/hoardings/banners on public buildings and spaces generally put up during the elections.” It further recorded that “the policy also contains a standard operating procedure.”

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The Court called upon the Municipal Corporation of Delhi to file an affidavit bringing on record the necessary data in respect of the action, which might have been taken during past one year for implementing the aforesaid policy. It further directed that the counsel representing the Delhi Police shall also file an affidavit bringing on record the prosecutions launched during past one year under the Delhi Prevention of Defacement of Property Act, 2007. The Bench ordered that these affidavits be filed within a period of four weeks after serving a copy upon the petitioner’s counsel, who may file a response by the next date of listing. The Court listed the matter for hearing on 11.02.2026.

Advocates Representing the Parties:
For the Petitioners: Mr. Yogesh Goel, Mr. Shivam Goel, Mr. Y.P. Saini, Mr. Sagar, Mr. N. Gulati, Advocates.
For the Respondents: Mr. Sameer Vashisht, Standing Counsel (GNCTD) with Ms. Nitika Bhutani and Ms. Harshita, Advocates; Mr. Tushar Sannu, Standing Counsel (MCD); Mr. Jagdish Chandra, Central Government Standing Counsel with Mr. Sujeet Kumar, Advocate.

Case Title: Jan Seva Welfare Society v. Government of NCT of Delhi and Ors.
Case No.: W.P.(C) 16339/2025
Bench: Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela