Leaders call for accountability and reform after Ghatkopar hoarding collapse

On May 13, a 120x120-foot hoarding collapsed on a petrol pump at Chheda Nagar in Ghatkopar, Mumbai, due to a dust storm and unseasonal rains. As per reports, the hoarding allegedly weighed 250 tonnes and killed at least 16 people while 75 others were injured. 

According to the Brihanmumbai Municipal Corporation (BMC), Mumbai's civic body, the hoarding was erected by Ego Media without its permission and stood on the Government Railway Police's (GRP) land. As per a report by CNBC-TV18, the body has initiated an audit of all billboards across Mumbai, with the removal of illegal structures underway. Sudhakar Shinde, Additional Commissioner, BMC, told the news channel that neither the police nor the advertising agency sought permission from the BMC. 

Following the collapse, the BMC has also issued notices to the Central Railway and the Western Railway administrations to remove oversized hoardings erected on their land. As per a release, the notices have been issued under Section 30 (2) (V) of the Disaster Management Act, 2005, for the removal of hoardings above 40 x 40 feet in size.

Additionally, Bhavesh Bhinde, the owner of Ego Media, is facing charges of culpable homicide not amounting to murder. Moreover, Bhinde already has more than 20 cases against him, as per police records.

This is not the first time an illegal hoarding has caused tragedies in various cities across India. In June 2019, a pedestrian was seriously injured and later succumbed to injuries after being hit by a cement hoarding sheet outside Churchgate station in Mumbai amid a cyclone formation. The same day, a heavy acrylic hoarding collapsed from a skywalk, injuring three women pedestrians in Bandra West. Similarly, Coimbatore witnessed the death of three workers as a massive hoarding collapsed during erection due to sudden gusts of wind and rain in June 2023.

There have been similar cases of hoardings crashing during weather disruptions in Bengaluru and Pune. Amid this, leaders in the advertising and marketing (A&M) industry believe this unfortunate incident should serve as a wake-up call for authorities to dismantle illegal structures and conduct thorough structural audits of existing hoardings. 

Onus on authorities & media owners

Atul Shrivastava, Group CEO, Laqshya Media Group emphasizes the need to curb illegal media proliferation by enforcing authorities' guidelines. 

He continues, “Being short-term players, illegal media owners don’t take adequate precautions. Each and every unit must adhere to local regulations and safety norms with the provision of regular audits."

While OOH has much larger elements than just billboards, Shrivastava mentions that it is the responsibility of the media-owning company to adhere to safety standards to ensure the safety of structures. He highlights the rigorous process of ensuring safety in outdoor advertising.

“There is the complete process of Soil testing, structural engineer-approved drawing and design, material specification, proper maintenance, and structural audits at regular intervals. Digital billboards are definitely a different cult. They require much bigger investments so short-term players or illegal media owners don’t enter this space.”

Ashish Bhasin, Founder, The Bhasin Consulting Group holds the vendor of the hoarding as well as the authorities responsible for the structure. 

“In Mumbai city, you cannot put up hoardings unless they have all the requisite approvals, sanctions and regular check-ups from the authorities.”

Thus, the onus to ensure stability of structures and legality would rest with the vendor or the license holder and the relevant authorities from the Municipal bodies to railway authorities or private landowners, according to him. 

However, Jayesh Yagnik, CEO, MOMS Outdoor Media Solutions notes there's currently no centralized regulation for hoardings in India, so specific enforcement may vary by location. He highlights that there's already a blame game over which local civic body gave permission and who can declare the hoarding legal or illegal.

With regard to the same, he states, “Firstly all the authorities have to be together to define the legality of the site. In this case, while BMC is claiming it to be illegal, the other body who has issued a licence is claiming it legal. The most important thing is to check the structural stability of the site.”

Yagnik also emphasises the importance of stringent norms to give approval to the structure stability which can withstand cyclones and other natural calamities. 

“The hoarding should be allowed to display the advertising only post-structural approval from reputed architects/engineers. This should be natural irrespective of which agency is issuing the licence.” 

What should happen now?

Prabhakar Mundkur, Brand & Leadership Consultant mentions three parties who are responsible for the incident. The owner of the property on which the hoarding stands, the media company that has erected the hoarding and the BMC which has jurisdiction over all properties in the city.

“The BMC must give a stability certificate for every hoarding. This is how the BMC owns the responsibility for every hoarding,” Mundkur states and continues, “I feel that if there is injury or death because of illegal construction of a hoarding all three parties are responsible.”

Mundkur also asserts that it is their job to lay down guidelines and ensure the safety of citizens and that hoardings are in consonance with the development plan of the city and are safe for the citizens of our city. 

“The only way to ensure discipline in the country is to make sure that the penalties for breaking the law are so high that no one would dare to break the law.” 

Naresh Gupta, Co- Founder & CSO, Bang In The Middle if of the opinion that the media owner takes full responsibility of legality of the outdoor site. Not only a hazard to the citizens of the country, illegal hoardings could cause trouble for brands advertising on the medium. 

With regard to this, Gupta states, “The brands often ask about compliances, and it is expected that the media owner has all the clearances. This is also important as there is GST payable on the rental.”

Additionally, he suggests that brands should hold media owners accountable. 

“I would think that all brands force the media owners to certain terms that binds them to pay damages to brands in case of mishaps or discovery of wrong doings. This is something that outdoor agencies should take up on an urgent basis.”

Jayesh Yagnik of MOMS Outdoor Media Solutions notes that such accidents negatively impact the involved brand and agency, as news reports often highlight the advertised brand, leading to negative associations.

“Consumers may perceive the brand as negligent or unconcerned about public safety, potentially leading to Loss of brand trust and loyalty.”

Consolidation of OOH sector & better investments

The out-of-home advertising sector has typically been an unorganised sector in India. While this issue may not directly involve brands or out-of-home (OOH) agencies, Bhasin says that it is a wake-up call for authorities to dismantle illegal structures and conduct thorough structural audits of existing hoardings. 

Bhasin comments, “Some of the biggest offenders often turn out to be political parties, particularly due to elections where they put up holdings and banners anywhere, that needs to stop.”

With better coordination between various authorities to maintain accountability, he hopes that over a period of time, consolidation will takes place with investments in good-quality structures since the medium has a huge potential. 

Bhasin also mentions, “This incident could prompt positive change, where clear licensing processes and streamlined regulations could attract international companies, leading to greater transparency, consolidation, and higher quality standards in the industry.”

Following the incident, Chief Minister Eknath Shinde has promised INR 5 lakh to the families of each deceased victim and free treatment to all the injured provided by the government and has instructed the Mumbai Municipal Corporation to audit and remove all unauthorised and dangerous hoardings as soon as possible.

Deputy Chief Minister Devendra Fadnavis has also asserted that there will be an investigation regarding the permissions involved and that strict action will be taken against them.

The recent tragedy emphasises the urgent need for authorities to crack down on illegal hoardings and conduct thorough safety audits, as all the authorities involved share responsibility for the trouble caused to the citizens.