The Bombay high court (HC) on Wednesday came down heavily on the Brihanmumbai Municipal Corporation (BMC) for failing to control encroachments and illegal hawkers on pavements.

A division bench of justice SC Dharmadhikari and justice RI Chagla said, “People like the petitioners [in this case] are fed up of your inaction and that is the reason they knock the doors of this court. We [the high court] are now in-charge of everything…from encroachments to garbage. You have reduced the highest court of the state to a ward office…You do one thing…outsource the entire municipal business… that seems to be only way left now.”
The court was hearing a public interest litigation (PIL) filed by Andheri resident SGP Barnes, complaining of inaction of the civic authorities in removal of encroachments on pavements and footpaths.
The comments came after the bench was told that the duty of keeping an eye on unauthorised structures was entrusted to police beat marshals. The judges wondered how this basic municipal duty could be passed on to the police machinery. “This can’t be outsourced,” said the bench.
The BMC lawyer responded to the PIL stating all encroachments complained of by the petitioner were removed, but they keep returning. The statement invited further comments from the bench.
“Have you ever taken any disciplinary action against your officers, have you ever registered any offences against encroachers or unauthorised hawkers,” the bench sought to know from the civic
lawyer.
“You [civic officials] tell them [encroachers] don’t worry, you can return after we are gone,” said the bench, adding, “That is because all this is done with impunity, with the blessings of your officers.”
{{/usCountry}}“You [civic officials] tell them [encroachers] don’t worry, you can return after we are gone,” said the bench, adding, “That is because all this is done with impunity, with the blessings of your officers.”
{{/usCountry}}The bench has now posted the PIL for further hearing after two weeks, with a direction to the BMC to file a detailed compliance report.
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