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Madhya Pradesh High Court Bans Installation of New Statues in Public Spaces, Orders Removal of Unauthorized Ones Post-2013

 

Madhya Pradesh High Court Bans Installation of New Statues in Public Spaces, Orders Removal of Unauthorized Ones Post-2013

In a landmark decision upholding the sanctity of public infrastructure and reinforcing judicial precedents, the Madhya Pradesh High Court has directed a complete prohibition on the installation of statues in public places across the state. The Court has also mandated the removal of all statues that have been installed after the 2013 Supreme Court judgment that expressly prohibited such acts in public utility areas. This decision is expected to have a wide-reaching impact on the regulation of public spaces, urban planning, and the manner in which symbolic commemorations are undertaken by political and social entities.

The order came in response to a public interest litigation filed by a citizen concerned about the increasing and unlawful trend of installing statues, memorials, and structures on public roads, footpaths, intersections, and other civic utility zones. The petitioner highlighted that such installations not only obstruct traffic and endanger public safety but also violate the Supreme Court’s 2013 order which had clearly laid down that no structure or statue can be erected on public roads, pavements, or any public utility area under the guise of honoring public figures or deities.

A division bench comprising Justice Sheel Nagu and Justice Purushaindra Kumar Kaurav categorically stated that public roads, traffic junctions, sidewalks, and similar civic areas are meant exclusively for the use of citizens and the safe passage of vehicles and pedestrians. The Court emphasized that any obstruction in such areas, including statues, can create hazards, reduce navigability, and cause unnecessary congestion, thereby compromising public safety and the right to move freely. Consequently, the High Court directed the immediate removal of all such statues and structures that have been installed after January 18, 2013, which is the date of the Supreme Court’s ruling in this matter.

One particular instance that catalyzed judicial intervention involved the statue of former Madhya Pradesh Chief Minister Arjun Singh that was installed at a busy tri-junction near TT Nagar in Bhopal. The bench viewed this installation as a direct violation of the apex court’s earlier directions. The Court ordered the municipal authorities to remove the statue without delay and to ensure that no future construction or installation of similar nature takes place without proper legal authorization and scrutiny by appropriate planning authorities.

The High Court further criticized the state government for its continued inaction and non-compliance with judicial orders, especially the Supreme Court's directive that had been in force for more than a decade. It noted that despite the clarity of law and the constitutional importance of following such orders, the state authorities allowed illegal structures to mushroom, contributing to civic chaos and undermining the rule of law. As a mark of judicial displeasure, the Court imposed a fine of ₹30,000 on the Madhya Pradesh government—₹10,000 to be paid to the petitioner for pursuing the public interest litigation, and ₹20,000 directed to the High Court Legal Aid Committee.

In a related and more recent case from Indore, where communal tension erupted due to the unauthorized installation of statues by rival groups, the Court reiterated its position and extended the scope of its directive to cover all municipal and local bodies throughout the state. The Court ordered the Chief Secretary to ensure strict enforcement of the ban on new statue installations across every district, municipal corporation, and local authority in Madhya Pradesh. It also reminded the government that approval from urban planning departments or relevant local bodies is essential for any commemorative structure to be considered legal and non-obstructive.

The judgment takes note of the fact that public interest litigations must be treated with seriousness and respect, especially when they are rooted in enforcing constitutional obligations. The Court sternly observed that government officials and public authorities must not perceive such litigation as adversarial but rather as an opportunity to correct procedural and legal failures. It further cautioned that if government departments continue to flout orders of the highest court and ignore their constitutional duties, such actions would invite not just judicial censure but also potential administrative accountability.

This decision is significant in several respects. First, it reinforces the authority of the Supreme Court’s 2013 ruling and sets a strong precedent for other High Courts to follow, especially in states where similar unauthorized structures have been allowed in public places. Second, it upholds the principle that public spaces are for public use and that their encroachment in the name of politics, religion, or symbolism cannot be tolerated in a democratic and law-bound society. Third, it signals a shift toward stricter urban governance, where symbolic structures must be planned thoughtfully, with community consent, architectural oversight, and adherence to legal processes.

By enforcing these directives, the Madhya Pradesh High Court has sent a clear message that public interest cannot be sacrificed at the altar of political symbolism or administrative convenience. In doing so, it has reaffirmed the primacy of law, civic safety, and systematic urban development. The Court's orders also ensure that future attempts to misuse public spaces will be met with legal resistance and penal consequences.

Ultimately, this judgment not only addresses the specific problem of illegal statue installations in Madhya Pradesh but also opens a broader conversation on how civic spaces are managed in India. It calls upon authorities to act responsibly, avoid populist overreach, and ensure that public infrastructure serves its intended purpose—providing citizens with a safe, accessible, and unencumbered environment. The ruling stands as a strong reminder that symbolism must not obstruct sensibility and that respect for public space is a cornerstone of a functioning democracy.

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