Bombay High Court Asks State Govt To Inform It About Its Policy On Removal Of Obstructions From Footpaths

A division bench of Justice GS Patel and Justice SG Dige, in a suo motu petition, expressed concern regarding the lack of space for pedestrians to walk due to structures like police chowkis, bus stops, and shops on the footpaths.

The court also said that the current state of pedestrian walkways may be against the Rights of Persons with Disabilities Act, 2016.

"The point of law may be that the new Disabilities Act doesn't allow you to function like this. Decent ramp access means there must be enough space for a wheelchair plus attendant. It has to be done citywide", the bench remarked.

The bench posted the matter after two weeks after Government Pleader Purnima Kantharia sought time to compile the policies of the state government and the BMC.

The bench clarified that it understands police chowkis and bus stops are essential, and vendors may have rights due to their licences. However, it noted that even where footpaths are wide, there is often little space to walk, compelling people walking on the roads. There must be some policy to address this issue, it added.

While the pedestrians must follow rules and not jump over dividers, "what if somebody says 'where else do I walk?'", the court asked, emphasizing that there must be some policy to remove obstructions from footpaths.

The court took suo moto cognizance of the issue after two shopkeepers in a writ petition complained of presence of unauthorised hawkers in front of their shop in Borivali.

Recognising a larger issue, the court in its November, 2022, order observed:

“The question therefore is not only about unauthorised hawking stalls in non-hawking zones. It is also about the obligation of the MCGM to provide continuous, seamless and usable sidewalks and footpaths for pedestrians; to ensure the safety and convenience of pedestrians; to encourage pedestrianisation; and to make suitable provision for the use of footpaths and sidewalks for the physically disabled and those in wheelchairs.”

Case No.: SMP/1/2023

Case Title: High Court on Its Own Motion v. State of Maharashtra