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A Mumbai court has granted bail to advertising firm director Bhavesh Bhinde, the prime accused in the case of a hoarding collapse in Ghatkopar area here that claimed 17 lives in May this year.

Additional Sessions Judge V M Pathade allowed Bhinde's bail plea on Saturday.
Bhinde, through his lawyer Sana Khan, had contended the unfortunate incident was an "act of God", and that he was implicated for "political vendetta".

The hoarding installed in Ghatkopar area collapsed due to "unexpected, unusual wind speed" and no fault can be attributed to the applicant (whose firm had installed it), advocate Khan argued.
	
It was also submitted that Bhinde was not the firm's director at the time of installation of the gigantic hoarding.

Bhinde has been booked on the charge of culpable homicide not amounting to murder.
The prosecution opposed bail to Bhinde, saying there was enough evidence to show he was actively involved in the case.

Seventeen persons, including a former general manager of the Mumbai airport's Air Traffic Control and his wife, died after the billboard crashed onto a petrol pump on May 13 during sudden dusty winds and unseasonal rains.

It was alleged that the hoarding had been put up illegally on railway land.

Ghatkopar hoarding collapse: Prime accused Bhinde gets bail

In a shocking incident, a 35-year-old woman was severely injured after an iron hoarding frame collapsed in Vasai West. The woman was rushed to the hospital with severe head injuries. Manickpur police is investigating the matter. The incident took place at Vasai West’s 100 feet road in the early hours of October 17. The woman was passing by when the hoarding frame collapsed. Local police is yet to ascertain the matter. 

Raju Mane, Senior Police Inspector told Storyboard18 that the woman has been rushed to the hospital after the incident. “We will probe the matter and register the case upon receiving the complaint.” 

After the Ghatkopar incident, the Vasai Virar Municipal Corporation had issued notices to hoarding contractors to conduct structural audits. There are around 791 legal hoarding installations in the city. After a survey conducted in Vasai Virar in 2023, out of 30,000 hoardings only 335 were found to be legally erected. 

Currently 335 individuals have been given permissions to erect hoardings in the city of Vasai-Virar. 

On May 13, a hoarding in Ghatkopar collapsed leading to the death of 17 people. On August 2, the frame of a 40x40 ft billboard collapsed at Sahajanand Chowk in Kalyan West. 

<a href="https://www.storyboard18.com/tags/freeourskylines">Read more: Free Our Skylines</a>


Breaking: Hoarding collapse in Vasai injures woman

Over four months after the Ghatkopar hoarding collapse, which killed 17 people and injured 80 others, the Brihanmumbai Municipal Corporation (BMC) has yet to implement a comprehensive Out of Home (OOH) advertising policy. BMC officials are currently reviewing feedback and suggestions from OOH agencies and plan to exclude central agencies from the policy’s scope.

Outdoor advertising agencies and associations have claimed that the BMC has been unresponsive to their requests for in-person meetings to discuss their concerns about the recently released draft OOH policy. The newly drafted and revised policy has drawn mixed reactions from the advertising industry and sparked debates about the clarity of its guidelines.

When asked if the BMC is considering scrapping the OOH ad policy, Kiran Dighavkar, DMC (Special), stated, "We are reviewing the feedback and suggestions from stakeholders. There are no plans to scrap the OOH ad policy. We are ensuring that all relevant and legal measures are in place."

Another senior BMC official added, "The suggestions and feedback submitted by the OOH agencies and central agencies are under review. We will exclude central government agencies from the policy’s scope, as it conflicts with existing laws and court orders."

The official also mentioned, "We will soon convene a meeting with stakeholders. We have already identified certain changes that need to be made in the draft policy."

However, an OOH agency owner, speaking anonymously, said, "We work closely with the railways on OOH ad installations, and the BMC seems desperate to include central agencies like the railways in their OOH policy. Multiple senior railway officials have said that BMC is trying to leverage on the Ghatkopar incident to include the central agencies."

The Indian Outdoor Advertising Association had requested that the BMC extend the deadline for submitting suggestions by two months. The draft policy, released on August 9, was initially open for public suggestions until August 26, 5 PM. The deadline was later extended to September 9.

<a href="https://www.storyboard18.com/tags/freeourskylines">Read more on #FreeOurSkylines</a>

BMC reviewing feedback from OOH ad agencies, will exclude central agencies

The Cuffe Parade Residents Association (CPRA) has written to the Brihanmumbai Municipal Corporation (BMC) opposing digital and illegal billboards in South Mumbai. The residents have demanded that these illegal structures be removed from the Cuffe Parade area. 

Cuffe Parade has numerous banners and billboards installed, which allegedly distract motorists. The road medians are covered with multiple banners, causing visual obstruction and defacing the city streets. 

Padmakar Nandekar, President of the Cuffe Parade Welfare Association and former Secretary General of CPRA, said, “Earlier, we faced issues with illegal constructions in our vicinity, but now illegal billboards and large digital out-of-home (DOOH) displays are defacing our city roads. Illegal constructions on sidewalks and large and small billboards on the street are creating a nuisance.”

Nandekar further stated, “We have written to the BMC to remove all illegal constructions in the area, and we have raised objections to the installation of digital billboards in South Mumbai. Civic officials will conduct an inspection of the area and take the necessary actions.”

Rahul Narwekar, Speaker of the Maharashtra Legislative Assembly, told Storyboard18 that the government is focused on keeping Mumbai free of illegal billboards. “We are very clear that the city should be free from illegal billboards, and the upcoming BMC policy on out-of-home (OOH) advertising should be legally framed without harming the businesses of stakeholders. Urban planners should ensure that actions detrimental to the city's aesthetics are avoided.”

Narwekar joined the BJP before the 2019 Maharashtra assembly elections and won from the Colaba constituency in South Mumbai.

A senior BMC official said, "We have received the letter from CPRA and we have acknowledged it. A thorough inspection will be carried out and action will be taken against illegal hoardings and constructions in the locality." 

EXCLUSIVE: Cuffe Parade residents write to BMC, oppose illegal and digital hoardings

Out-of-home (OOH) advertising agencies have raised objections to several clauses in the BMC's draft policy on OOH advertising. According to documents reviewed by Storyboard18 regarding objections and suggestions from OOH agencies, stakeholders have specifically opposed the mandatory bank guarantee clause imposed by the civic body. Additionally, the agencies have recommended that the civic body extend the renewal process from two years to five years and refrain from increasing license fees for the next few years.

The OOH agencies have also suggested that the civic body eliminate smaller hoardings, such as those measuring 10x10, 10x15, 10x20, and 20x10, to prevent visual clutter, which contradicts the vision of the 2008 policy. They propose that hoardings up to 1600 square feet (with the largest size being 40x40) should be allowed.

According to clause 4.5 (c) of BMC's draft policy, advertisers or agencies are required to provide a bank guarantee equivalent to six months' license fees to ensure the recovery of advertisement fees in cases where advertisers or agencies fail to pay BMC dues.

The OOH agencies have objected to this clause, stating, "The method of calculating the insurance for each hoarding needs clarification, as many advertisers take a group policy. This clause requires further deliberation. The bank guarantee clause is not feasible for business. There are already provisions in the policy for non-payment, such as the cancellation of permits."

The objection further states, "A six-month bank guarantee amounting to a significant sum would require substantial investments from the industry and could ultimately cause the industry to become obsolete. Data shows that association members collectively pay 158 crores to the license department in license fees alone, and a six-month bank guarantee totaling nearly 80 crores would be blocked, jeopardizing the entire business viability."

Dr. Yogesh Lakhani, Chairman and Managing Director of Bright Outdoor Media Limited, said, "We have extensively studied Digital OOH worldwide. Whether it's Times Square, Hong Kong, or any other part of the world, Digital OOH is the global trend. It is disheartening that BMC has decided to ban video hoardings in the city."

Lakhani added, "The bank guarantee clause imposed by BMC is not beneficial to the OOH ad industry and will negatively impact business. The industry has collectively opposed this clause, as well as the increase in license fees, which will further burden OOH ad agencies in the state."

The OOH agencies have also requested an extension of the structure erection period from 90 days to 120 days, with an option for another 120-day extension upon receiving the NOC. The draft policy currently restricts the grace period to 90 days, with an extension of 180 days, after which the NOC will be revoked and no further extension will be granted.

Furthermore, BMC's draft proposal mandates that agencies must display a civic message or any other message as directed by the BMC for a period of no less than 15 days in a calendar year.

The OOH agencies have suggested that clarification is needed regarding the term "any other message" beyond civic messages. Such messages should only be displayed when the hoarding is vacant and should not be imposed if there is a client booking. Agencies have also requested that the draft specify a maximum of 15 days in a calendar year for such messages. Additionally, they noted that the waiver of one month's license fees, as provided in the previous policy, is not mentioned in the draft.

Breaking: OOH agencies object to bank guarantee clause, suggest 5 years’ time for renewal

On Monday, the Brihanmumbai Municipal Corporation (BMC) extended the date of submitting suggestions by two weeks. The civic body has received multiple suggestions and objections, the Indian Railways which falls under the Union Government’s ambit objected to the OOH policy. 

The Indian Outdoor Advertising Association had requested the BMC to extend the deadline for submitting suggestions by two months. The draft was released by BMC on August 9 which was open for public suggestions till August 26, 5pm.
 
Dr. Ashwini Joshi, Additional Municipal Commissioner (City) said, “We have extended the deadline to submit the feedback and suggestions. We will conduct a review meeting with stakeholders before finalizing the draft.” 

Meanwhile, a senior BMC official told Storyboard18 that the hoardings installed in the premises of central agencies such as Railways, their role will be clarified further. For now, they have raised their objections to the guidelines claiming that the BMC is a state agency while Railways being the Central government body. 

Sources have said that the BMC will also streamline the draft with definitions of the onus on the hoardings installed across the city and its safety guidelines. The Mumbai Traffic police has raised their concerns on Video OOH and flasher lights installed inside the city. 

A senior BMC official said, “We are very clear that incase of any mishap, the media owner or the permit holder will be held responsible. We do not interact with advertisers. The OOH agency seeks permission to install hoardings and they will be held responsible for any such mishap. That rectification will be made. We have received the objection on those lines as well.” 

The stakeholders have also asked the BMC to allow video OOH ads and have raised objections on the decision to not allow such hoardings. Multiple stakeholders also met senior GRP officials in Mumbai to discuss further course of action. 

BMC extends deadline by 14 days; to streamline outdoor ads policy draft

The Mumbai Traffic Police Department, which issues No Objection Certificates (NOCs) for installing out-of-home (OOH) hoardings in the city, has put all new proposals on hold until the Brihanmumbai Municipal Corporation (BMC) finalizes the policy on Guidelines for Display of Outdoor Advertisements 2024.

The BMC's guidelines for hoardings state that no illuminated, digital, LED, or LCD advertisements shall be permitted without an NOC from the Mumbai Traffic Police Department. Once issued, the Traffic Police Department’s NOC shall be considered permanent unless specifically revoked with prior notice to the BMC’s License Department.

According to a senior officer in the Mumbai Traffic Police Department, suggestions for the policy included that the hoardings should not obstruct pedestrian movement, and no hoardings will be allowed on footpaths. The department has also recommended that video advertisements be prohibited, gantries within city limits should only display traffic signage, and flasher lights on hoardings, which could distract drivers, should not be allowed.

Similarly, the traffic police have suggested that illuminated and Digital hoardings should be switched off at 11 p.m. A senior officer from the Mumbai Traffic Police Department on condition of anonymity said, “Until the new policy regarding hoardings is finalized, we have stopped issuing NOCs for installing OOH hoardings in the city. We are waiting for final approval from the BMC on the policy. We have suggested certain requirements that OOH agencies and permit holders need to meet before we conduct inspections to grant NOCs.”

The officer said, “During our meeting with the BMC, we made it clear that hoardings with flasher lights on highways or city roads will not be permitted as they distract motorists.”

Civic data shows that Mumbai is home to 1,045 authorized hoardings, of which 573 are non-illuminated, 382 are illuminated, and 70 are LED hoardings. These hoardings generated a revenue of Rs 100 crore last year.

A government panel was formed to establish guidelines for billboards in Mumbai. Members include Rakesh Kumar, who previously worked at the National Environmental Engineering Research Institute and now serves as the environmental specialist on the panel, along with Avjit Maji and Nagendra Rao Velaga from IIT Bombay, and Shreekumar from the Industrial Design Department.

The panel is led by Additional Municipal Commissioner (City) Ashwini Joshi, along with Joint Police Commissioner (Traffic) Anil Kumbhare, BMC's Deputy Commissioner (Special) Kiran Dighavkar, and Superintendent of License Anil Kate as members.

Exclusive: Mumbai Police freezes ‘No Objection Certificates’ for OOH hoardings

After facing severe opposition from South Mumbai residents to install hoardings near the coastal road, the Maharashtra Coastal Zone Management Authority (MCZMA) committee has deferred its plans on account of non-compliance of documents in a recently held meeting.
 
The MCZMA is a body that clears projects in coastal areas of the state that are governed by the Coastal Regulation Zone (CRZ) of the Environment Protection Act. The four hoardings, with a display on both sides, were to come up at Tata Garden in Breach Candy and Lala Lajpat Rai Park near Haji Ali.

Breach Candy Residents Forum had also initiated a protest against the plan to install hoardings alongside the coastal road, collecting over 5,000 signatures via online protest petitions. 

Padmakar Nandekar, former secretary general and member of Cuffe Parade Residents Association (CPRA) said, “We strongly opposed BMC’s plan to install hoardings alongside the coastal roads. It is in violation of CRZ norms and it is risky to put up such hoardings. Moreover, the existing hoardings in the city is already a nuisance, this will further add to our woes.”  

Shiv Sena (UBT) leader Aaditya Thackeray had also protested the plans of BMC to install hoardings alongside the coastal road. state government. According to the minutes of the meeting, the BMC said that several local governments and state and central government agencies had utilised their open space to generate revenue by leasing it to agencies to display advertisements.

The tender was called for after the approval of the then municipal commissioner I S Chahal on April 21, 2023. Bizlist Advertising LLP was given the contract for the Tata Garden hoarding.

According to the minutes, the MCZMA noted that the Coastal Regulation Zone map in a 1:4000 scale with superimposition of the project site and a report prepared by the ministry of environment and forests and climate change as per the approved Coastal Zone Management Plan, 2019, had not been submitted by the BMC. Hence it was deferred. The hoardings at Lala Lajpat Rai Park were also rejected on the same grounds.

As per a CRZ notification and a Supreme Court order, reclaimed lands cannot be commercialised. The Maharashtra State Road Development Corporation had similar plans to have hoardings at Bandra Promenade was also stopped.

South Mumbai residents oppose hoardings on coastal road, MCZMA defers its plans

On Wednesday evening, Ganesh mandals across Mumbai city met Maharashtra Chief Minister and Deputy Chief Minister to discuss multiple issues including the permissions required to install hoardings in the pandals during Ganeshotsav. The Ganesh mandals have assured that the hoardings installed across the pandals will be small in size as compared to earlier and will not hinder traffic movement. 

Chief Minister Eknath Shinde, Deputy Chief Minister Ajit Pawar and Guardian Minister of Mumbai City District, Deepak Kesarkar were present during the meeting at Sahyadri state guest house. Senior bureaucrats from BMC, State government and Maharashtra police were also present during the meeting. 

Ganesh Pandals in Mumbai have raised multiple issues in the meeting including potholes and hoardings. Naresh Dahibhavkar, President of Brihanmumbai Sarvajanik Ganeshotsav Samanvay Samiti (BSGSS), said, "We will be abiding by the rules and regulations framed by BMC and Mumbai Traffic Police Department regarding hoardings and Digital OOH." 

Dahibhavkar said, "During the meeting we have raised the issue discussed that we face difficulty in acquiring permissions to put up Digital hoardings. We have been informed that the Traffic police will follow all SOPs before giving the permission and will ensure a speedy permission process." 

Dahibhavkar said, "Chief Minister Shinde has instructed the government officials to open a single window for all permissions and clearances. We have assured the government that there will be no hindrance to traffic. We will also ensure that the hoardings and banners installed near the pandals are secure and will not cause any safety issues to devotees." 

Dahibhavkar further said, "Smaller hoardings will be installed which are safe. We also make sure that the fire brigade department grants us adequate permissions for such precautions."  

Senior committee member of a Ganesh mandal from South Mumbai said, "We have been told by the BMC to install smaller hoardings as compared to earlier. We definitely agree to that but the issue around Digital hoardings need to be considered as we don't violate any traffic laws. If we compare Digital OOH put across the city, the size is huge and that causes visual hindrance while driving vehicles. BMC and Mumbai police should focus on such hoardings rather than putting restrictions around Ganesh pandals."

Many pandals in Mumbai are already facing penalties regarding digging roads and violating noise pollution norms. Another prominent mandal from North Mumbai said, "We don't want to violate any law further and would definitely follow the rules and regulations set by BMC and Traffic Police. We want the celebrations to be peaceful and not cause any nuisance to the government."

In 2023, the BMC gave permissions to more than 2,700 mandals across the city to set up pandals. BMC had received 3,767 applications. Chief Minister Eknath Shinde has instructed the government officials to provide all facilities such as fire brigade, ambulances and other facilities free of cost to pandals which receives huge number of devotees. 

EXCLUSIVE: Ganesh pandals meet Maha Chief Minister, discuss OOH hoardings

Brihanmumbai Municipal Corporation (BMC)'s newly drafted and revised OOH advertising policy seems to be getting mixed feedback from the advertising industry and has sparked discussions over the ambiguities of the guidelines. 

Although formulated with 'good intentions' and to 'ensure safety, prevent clutter and maintain urban aesthetics', the industry has raised concerns about how the stringent guidelines may negatively impact advertising spends. Stakeholders have also said that the policy could potentially be burdensome for both media owners and authorities.

The role of advertisers and their accountability also seem to be misconstrued.

Read more: <a href="https://www.storyboard18.com/how-it-works/exclusive-ooh-agency-and-not-advertisers-responsible-incase-of-mishap-bmc-39543.htm">EXCLUSIVE: BMC clarifies, OOH agencies and not advertisers responsible in case of ad-hoarding mishaps</a>

Following the Ghatkopar incident which took 17 lives and left over 75 injured in May 2024, the BMC released a newly drafted revised OOH advertising policy on August 13. The last hoarding policy was formulated in 2008.

The 58-page policy is now open for public feedback and suggestions until August 26.

Apart from the revisions in the standard operating procedure to ensure structural stability, the draft policy has proposed a 10% hike in licensee fees annually, backlisting of advertisers for non-payment of fee, and cover of Rs 5 lakh to Rs 1 crore in case of loss and damage due to a hoarding proportional to its size. 

Additionally, regulations for digital hoardings include prohibiting video content in the right of way and multiple static images with a dwell time of a minimum of eight seconds.

Rohit Chopra, COO, Times OOH, points out that the proposed restrictions on operational timings for DOOH assets may pose challenges, particularly in a city like Mumbai that operates around the clock. These limitations could impact the return on investment (ROI) for media owners.

"We are apprehensive that the three-month permit renewal process, as it could become burdensome for both media owners and authorities. A streamlined renewal process and a single gateway for permissions would foster greater efficiency and ease for all parties involved," he said.

However, Rajesh Radhakrishnan, CMO, VrittiiMedia, a leading DOOH solutions provider, notes that the inclusion of a digital advertising policy opens new avenues for innovation, particularly in high-traffic areas like malls and commercial complexes. The introduction of an online system for permit granting and renewal is a game-changer, ushering in a new era of transparency and efficiency, ensuring that the process is streamlined and accessible to all. 

Indian Outdoor Advertising Association says that these guidelines do not capture or consider rapid and massive evolution of the medium.

OOH advertising needs encouragement at policy levels by government and their arms at all levels. "...too much regulation leads to subversion of the medium leading to under realisation of its revenue potential", it said.

The association is of the belief that these guidelines need to encapsulate a larger vision from an OOH perspective rather than just restricting hoardings and signages. "These guidelines need to be embedded in subject matter  and findings, which globally has evolved as a science in itself, contributing to many lively & vibrant urban environments across some of the major cities in the world," it said. 

IOAA suggested that international subject matter experts, people who have contributed to the design of OOH guidelines in some of the major urban agglomerations around the world should have consultative role in framing of these guidelines.

Read more:<a href="https://www.storyboard18.com/how-it-works/bmcs-new-ooh-advertising-policy-could-do-more-harm-than-good-fear-stakeholders-37646.htm"> BMC's new OOH advertising policy could do more harm than good, fear stakeholders</a>

Praveen Vadhera, CEO, IOAA, earlier told Storyboard18 how the policy is being made in isolation with no consultation from the stakeholders.

IOAA has given a representation to BMC, urging them to work closely in eradicating the illegal sites. In its representation, IOAA suggested BMC to create one single nodal body or be the single nodal body through which all these permissions are routed to have better control over the OOH in the city.

However, Vadhera remarked that there has been very little interaction with BMC with regards to working together to rationalise the entire policy.

"There is an absence of a consulting urban or town planner," IOAA said on the BMC latest draft.

<strong>The role of the advertiser </strong>

The draft policy in the current state at best vague, and prone to multiple subjective interpretations, leaving gaping holes in the endeavor to implement aesthetically designed structures.

Under 'Duties of the Permit holders' the BMC states that “In case of any accident, the advertiser shall be solely liable against all action /suits / claims / damages & demands of any nature.” 

This is an essential clause to affix accountability, however, throughout the guidelines agency/permit holder/advertiser have been used interchangeably leading to massive confusion in interpretation. 

The above-mentioned clause is part of the “Duties of the Permit Holders” which is essentially the responsibilities attached to the holder of the licence of that particular hoarding site, whereas this clause, because of the use of the word “advertiser” has been interpreted across the media as, a liability for an accident rests with the brand or the company of display, which is not true and completely erroneous interpretation, IOAA added.

"This possibility of multiple subjective interpretations of the guidelines persists throughout the entire document and provides a definite loophole for the people/ companies to exploit these to bypass norms," IOAA said.

"The policy requires a deeper intervention and is designed from scratch given massive evolution and changes," the association concluded.

Clarifying the role of the advertiser, Kiran Dighavkar, Deputy Commissioner (Special) of BMC told Storyboard18 exclusively, “The hoarding applicant will be responsible for any mishap. BMC does not deal with advertisers; we deal with OOH agencies when granting permissions to erect hoardings, etc.”

Further elaborating, Dighavkar said, “An advertiser deals with the OOH agency and not with BMC. For example, if there is an OOH campaign for Dabur or Bisleri, and we find any irregularities, the OOH agency will be responsible for the incident, not the advertisers.”

One of the media agencies, on condition of anonymity, explained that typically, when a product company, like an FMCG firm, engages an advertising or OOH agency, that agency in turn works with the media owner of the hoarding. If any mishap occurs involving the hoarding, the media owner—responsible for the billboard infrastructure—will be held accountable, not the FMCG company or the advertising/OOH agency. This has always been the case, so there shouldn't be any confusion; BMC doesn't hold advertisers liable.