The Bombay High Court on Wednesday slammed the Brihanmumbai Municipal Corporation (BMC) for allowing stalls to be set up on footpaths, noting that the civic body’s decision was against the public interest.
The bench of Justices SB Shukre and MW Chandwani stated, “If the corporation permits any stall owner to open the stall on the footpath, the corporation is prima facie acting against public interest as it causes obstructions to the pedestrians as they would be forced to use the road for walking, thereby endangering their own lives as well as the lives of the occupants of the vehicles which are plying on the road.”
The bench was hearing a petition filed by an NGO, ‘The Bombay Mothers and Children Welfare Society,’ which operates the Tilak hospital in South Mumbai’s Worli district. The NGO had challenged the corporation’s decision to allow some stalls to be built in the middle of the footpath.
Satish Borulkar, the petitioner’s advocate, argued that hawking was illegal within 100 metres of hospitals, educational institutions, and places of worship. The BMC, on the other hand, claimed that the prohibition only applied to hawkers and not stall owners.
The bench stated that there was an issue with the proper use of footpaths, which are “meant for pedestrians and not for carrying on any business by anybody.”
“When footpaths are constructed, their purpose is to allow smooth passage of vehicles or traffic and to provide pedestrians with a safe path to traverse distance by walking,” the bench stated.
According to the court, the corporation is defeating this purpose by allowing the installation of stalls right in the middle of the footpath. The bench directed the BMC to reconsider its decision.
