HC directs BMC to remove bollards from footpaths in 3 months

During the hearing, senior advocate Anil Singh representing the corporation, informed the court about the completion of a survey across all 24 wards, spotlighting areas where bollards obstructed disabled persons’ movement

MUMBAI: The Brihanmumbai Municipal Corporation (BMC) has pledged to eliminate the obstruction caused by bollards, enabling easier access for persons with disability on the city’s footpaths. The statement came during a hearing at the Bombay high court, where BMC assured the removal of these barriers within three months.

During previous hearings, the court had scrutinised the BMC’s oversight in installing bollards, questioning the lack of consideration for persons with disabilities (HT ARCHIVES)

A division bench of the high court, led by Chief Justice Devendra K Upadhyaya and justice Arif S Doctor, was hearing a Suo Moto Public Interest Litigation (PIL) initiated by the court after receiving an email from Karan Shah, a 25-year-old resident of Shivaji Park who has been using a wheelchair since birth, highlighting the problems caused by these improperly installed bollards.

During the hearing, senior advocate Anil Singh representing the corporation, informed the court about the completion of a survey across all 24 wards, spotlighting areas where bollards obstructed disabled persons’ movement.

“On the last occasion, I made a statement that we are conducting the survey. My affidavit is ready. A survey of 24 wards has been done. There are places where there is obstruction. We have asked ward officers to remove that. There is a policy where there must be a certain distance between bollards for wheelchairs. We are seeking three months for rectification,” said Singh, emphasising the BMC’s commitment to addressing the issue.

During previous hearings, the court had scrutinised the BMC’s oversight in installing bollards, questioning the lack of consideration for persons with disabilities.

Advocate Jamshed Mistry, acting as Amicus Curiae, cited the Rights of Persons with Disabilities Act, 2016, emphasising the necessity for the state to establish a state advisory board under section 66 of the Act to advise on policies for disabled individuals.

In response, the high court called upon the state government to provide updates on the actions taken by the advisory board to facilitate persons with disability to access footpaths.

“We call upon the government pleader to enquire if the state advisory board on persons with disability in terms of section 66 is constituted, and if so, whether the board has taken any steps for easy access for disabled on the footpath in the city”, the court said.

Furthermore, senior advocate Anil Singh highlighted that certain roads within BMC’s jurisdiction were maintained by the Mumbai Metropolitan Region Development Authority (MMRDA) and Maharashtra State Road Development Corporation (MSRDC). The court considering the facts, directed the MMRDA and MSRDC to submit instructions and file an affidavit within a month regarding the removal of bollards.

The PIL is scheduled for a further hearing on March 12.