HC orders BMC to form team to identify, remove encroachments on footpaths

The court was hearing a petition filed by two housing societies in Powai regarding encroachment of the footpath outside their premises

MUMBAI: The Bombay high court has directed the Brihanmumbai Municipal Corporation (BMC) to constitute a three-member team to identify and remove unauthorised structures and encroachments from footpaths across the city. The team, comprising an additional commissioner and two senior officers, must conduct a survey of all footpaths in the city and initiate action based on findings, the court said on Monday while hearing a petition filed by two housing societies in Powai regarding encroachment of the footpath outside their premises.

HC orders BMC to form team to identify, remove encroachments on footpaths

“This is not an isolated incident as many cases of this kind are reaching the court,” the division bench of justices GS Kulkarni and Arif Doctor said. “For ages, the municipal corporation would not be taking any action or its officers taking selective action, and again such encroachments being restored, appears to be the rule.”

In their petition, the housing societies alleged that the footpath outside their premises was encroached by temporary tin/ plastic tenements that were being used for residential and commercial purposes.

Advocate Priti Shah, appearing for the housing societies, told the court that the tenements were constructed about a year ago and no action was taken against them despite repeated complaints to civic authorities.

The judges took serious note of the encroachments, and asked if the BMC and its officers could turn a blind eye to encroachments when footpaths had been constructed at considerable public expense so that people did not have to walk on busy roads and be vulnerable to accidents.

“We cannot hear from the municipal corporation that it has become impossible for its officers to perform the duties and responsibilities cast on them in law,” the court said.

Encroachments cannot come up without the tacit consent of concerned ward officers and municipal officers who do not take action against encroachments or persons interested in encroachments deprive Mumbaikars of basic public facilities for the convenience of a few, the court said.

“Actions as the law would mandate need to be taken against them,” the court stated.

The court also stressed on the need for appropriate hawking zones, saying plots belonging to municipal corporations or the state government that have been encroached upon could be utilised for such purposes.

The court directed the BMC to submit an action taken report on the aforesaid observations on July 14, the next date of hearing.