High court division bench was hearing a plea filed by NGO that runs hospital in Worli challenging the civic body’s decision to allow stall owners to set up shop on footpath outside
Stalls cover every inch of the footpath outside the MHADA office at Kalanagar, Bandra East. Representation Pic/Pradeep Dhivar
The purpose of a footpath is to ensure smooth passage of traffic and to make available a safe path for pedestrians and this purpose is defeated if a civic body permits stall owners to erect stalls right in the middle of a footpath, the Bombay High Court has said.
ADVERTISEMENT
A division bench of Justice S B Shukre and Justice M W Chandwani on February 1 directed the Brihanmumbai Municipal Corporation (BMC) to reconsider a decision taken by it last year permitting 11 stall owners to erect stalls on a footpath situated outside a hospital at Worli.
The court was hearing a petition filed by an NGO, the Bombay Mothers and Children Welfare Society, which runs the Tilak Hospital, challenging the corporation’s decision. The petitioner’s advocate Satish Borulkar had argued that there was a prohibition of hawking within 100 metres of hospitals, educational institutions and any place of worship.
Also Read: Mumbai: HC directs BMC chief to take final decision on nod for proposed floating hotel
The BMC claimed the prohibition was applicable to hawkers and not stall owners. The high court said it would examine this issue, but noted that there was an issue regarding proper use of footpaths which are meant for pedestrians and not for anybody to carry out their business.
“If the corporation permits any stall owner to erect one on the footpath, then the corporation is prima facie acting against public interest as it causes obstructions to the pedestrians and resultantly the pedestrians would be forced to use the road for walking, thereby endangering their own lives and also lives of the occupants of the vehicles which are plying on the road,” the court said.
The purpose of footpaths was to allow smooth passage of vehicles or traffic and to make available a safe path for pedestrians to walk, it said. “This very purpose, in our opinion, is prima facie getting defeated at the hands of the corporation by permitting erection of stalls right in the middle of the footpath,” the bench said. The HC directed the BMC to reconsider its decision.
This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever
Subscribe today by clicking the link and stay updated with the latest news!" Click here!
