Make Commuting In Mumbai More Comfortable; Consider Elevators On Sky-Walks, Mechanised Pathways For Disabled: Bombay High Court To BMC

The division bench comprising Justices GS Kulkarni and RN Laddha further observed that the personal safety of commuters, especially senior citizens, women, the differently abled who use sky-walks or pavements is paramount.

“benefits of modern technology needs to be made available to the commuters, to make their commuting life in Mumbai more easier and comfortable. Further the MCGM should also consider having elevators at both the ends of the sky-walk, so that commuting on sky-walk becomes easier for persons with disabilities and senior citizens.”

The court observed that an endeavour should be made not just by the MCGM but all other authorities to avoid the presence of miscreants and hawkers on sky walks.

“It is not new to the city that these sky-walks are habituated by miscreants, they are used by squatters and unauthorized hawkers, hence, permitting such persons to remain on the sky-walk has to be avoided.”

The court observed thus while disposing off a writ petition seeking a foot-over-bridge (FOB) connecting Bandra Railway Station and Bandra-Kurla Complex. The petitioner had argued there was only one pavement despite heavy flow of traffic. Pedestrians were forced to cross the Western Express Highway.

The plea was disposed of after the bench recorded MCGM’s submissions that a tender for the skywalk would be issued within two months and the construction would be completed within 15 months.

On March 20, 2023 the court observed that “the safety of the commuters using footpath/pavement is paramount, as any mishap/bodily injury or death, occurring due to nonavailability of safe footpath/pavement/walk-way would amount to breach of the fundamental rights guaranteed under the Constitution to the citizens.”

It was also observed that it is “the public duty and an absolute obligation of the MCGM, to provide for such basic amenities while accepting its obligation and accountability towards the large number of commuters.”

The court cautioned the MCGM that the new sky-walk should be made with durable material, especially considering the earlier experience as the inferior quality skywalk had to be removed.

It gave the example of escalators at various railway stations, urging MCGM to consider doing the same for sky-walks.

“We would also intend the MCGM to consider as to whether a part of the sky-walk could be a mechanized walkway, with all safety mechanisms so that it becomes useful to the senior citizens, as also for persons with disabilities, who can then effectively use such facility”

The bench also suggested better lighting to avoid any untoward incident in the evening to ensure safety of women and children.

Significantly the court said its suggestions were not specific to the BKC sky-walk but for all skywalks to be built in the future.

Case Title: K. P. Purushothaman Nair v. Municipal Corporation of Gr. Mumbai

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