The Bombay High Court Today (June 24th) said when streets and footpaths are cleared for the prime minister and other VVIPs for one day, why can’t it be done on a daily basis for everyone else too.
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MUMBAI: The Bombay High Court on Monday questioned why streets and footpaths, which are cleared for the Prime Minister and other VVIPs for their visits, cannot be maintained similarly on a daily basis for the general public.
A division bench of Justices M S Sonak and Kamal Khata emphasized that having a clear footpath and a safe place to walk is a fundamental right for every individual, and state authorities are obligated to ensure this right.
The bench highlighted the persistent problem of unauthorized hawkers encroaching on footpaths in the city, stating that the state cannot continue to merely speculate on solutions but must take decisive and drastic action. The high court had taken suo motu cognizance of the issue last year, recognizing the widespread problem of illegal vendors occupying public spaces.
On Monday, the bench reiterated the need for immediate and effective measures.
“When the Prime Minister or some VVIPs come, the streets and footpaths are immediately cleared…and it stays so till they are here. How is it done then? Why can’t it be done for everyone else? Citizens are ratepayers…they need to have a clear footpath and safe place to walk,”
-the court asserted.
“Footpath and a safe place to walk is a fundamental right. We tell our children to walk on footpaths but if there is no footpath left to walk on, what do we tell our children?”
-the court asked, stressing the importance of safe and accessible walkways for all citizens.
The bench criticized the authorities for their lack of decisive action, noting that despite years of claims that they are working on the issue, little has changed.
“The state has to do something drastically. It cannot be that the authorities are perpetually just wondering what to do and working on it. There seems to be a lack of will because where there is a will there is always a way,”
-the High Court stated.
Senior counsel S U Kamdar, representing the Brihanmumbai Municipal Corporation (BMC), acknowledged that while periodic actions are taken against unauthorized vendors, they frequently return. He mentioned that the BMC is considering the option of creating underground markets to address the issue.
In response, the court remarked in jest that the BMC was
“literally trying to bury the problem underground.”
The bench also noted that the fines imposed on these vendors are insignificant compared to their daily sales, rendering such penalties ineffective.
“Your fine is pittance to them. They will pay and leave,”
-the High Court observed.
The court suggested that the BMC develop a comprehensive database to identify unauthorized hawkers, making it easier to enforce regulations and prevent re-encroachment.
“Let there be a combing operation. Start with one street…the biggest trouble is identification. They keep coming back because they are not identifiable,”
-the court advised.
The matter has been scheduled for further hearing on July 22, with the court expecting significant progress by then. This call for drastic measures underscores the urgent need to address unauthorized encroachments and ensure safe, accessible footpaths for all citizens, reflecting the court’s commitment to upholding fundamental rights and improving urban infrastructure.
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