Will Remove Bollards Obstructing Wheelchair Users On Mumbai Footpaths Within Three Months: Municipal Corporation To Bombay High Court

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor was hearing a suo motu Public Interest Litigation (PIL) initiated in response to an email highlighting the issue.

“The work of rectification in bollards in order to remove the obstruction for passing of a wheelchair is under process at the ward level and the same is expected to be completed within period of three months, given the total lengths of footpaths in Mumbai is approximately more than 3000 kms”, an affidavit submitted by the Chief Engineer (Roads and Traffic), MCGM read.

The PIL stemmed from an email sent to advocate Jamshed Mistry by Karan Sunil Shah, a 25-year-old resident of Shivaji Park and a wheelchair user since birth, who raised concerns about the installation of bollards at footpath entrances across Mumbai. The court took suo moto cognizance noting photos accompanying Shah's email which illustrated the impediments posed by closely spaced bollards at the entrance of the footpaths.

Senior Advocate Anil Singh for the BMC informed the court that a comprehensive survey of all 24 wards had been completed, and instructions had been issued to relevant officers to address the obstructions promptly. Singh outlined MCGM's 'Universal Footpath Policy' dated May 25, 2023, which mandates spacing of at least 1 meter between bollards to accommodate wheelchair access and sought three months to rectify the existing deficiencies.

The policy also provides the minimum width of a footpath to be 1.8 meters so that simultaneous two-directional movement of two wheelchairs can be accommodated.

Amicus curiae Jamshed Mistry highlighted that the Rights of Persons with Disabilities Act, 2016 necessitates the establishment of a state advisory board to advise on policies benefiting disabled individuals. The court asked the state government whether it has formed such a board and whether any initiatives aimed at enhancing accessibility for disabled individuals on footpaths have been taken.

The court instructed the Mumbai Metropolitan Region Development Authority (MMRDA) and Maharashtra State Road Development Corporation (MSRDC) to submit an affidavit within a month outlining plans for bollard removal on roads under their jurisdiction.

The court scheduled the next hearing scheduled for March 12, 2024.

In previous hearings, the court had criticized MCGM for installing bollards without due consideration for disabled individuals.

Case no. – Suo Moto PIL (L) No. 27145 of 2023

Case Title – High Court of Judicature at Bombay on its own Motion v. Municipal Corporation for Greater Mumbai and Anr.