“Soon Even BMC Commissioner Will Have To Ride Horse To Work”: Bombay High Court Slams Civic Body Over Illegal Encroachments

While pulling up the Brihanmumbai Municipal Corporation (BMC) over its failure to act against illegal encroachers on public roads, theBombay High Court on Wednesday orally remarked that if such an approach of the civic body continues, then in the coming decade, people will switch to bicycles and horses and even the civic chief would ride a horse to reach his office. 

The sarcastic comment was made by a division bench of Justice Ravindra Ghuge and Justice Abhay Mantri after noting that a nearly 90-feet road in Mumbai's plush 'Hiranandani' area in Powai was encroached upon with people constructing their hutments on footpaths obstructing school children and other citizens including motorists from plying on the road.

After perusing the photographs of the road and the encroachments, a visibly enraged Justice Ghuge said, "Practically four cars can pass on this road but see what has happened now...It is reduced to one lane...I wonder what will happen in the coming years... People will have to give up riding motorcycles and switch to bicycles... Or best is horse... A horse can navigate well... Imagine your Commissioner (of BMC) coming to his office on a horse, how will he look."

Justice Ghuge, added, "What is happening to Mumbai? The moment a road is constructed people come and squat there... See what you are doing to your own city... Such a beautiful road this is and what have you done to it? We can call the Civic Chief or any other officer to the court and seek an explanation from them."

The bench was hearing a plea filed by Beaumont HFSI Pre-primary School in Powai, highlighting the fact that numerous illegal and unauthorised encroachments that have mushroomed and expanded, that have been made by various hutment dwellers, on the road connecting several school to the Jogeshwari-Vikhroli Link Road (JVLR) in Powai.

The school through senior advocate Naushad Engineer contended that it had filed various complaints with the BMC officials in respect of the said illegal and unauthorised encroachments and even held multiple meetings and made several complaints to the civic authorities but yet there has been no action.

"Moreover, the civic authorities are aiding and encouraging such encroachment by supplying water through their tankers and providing toilet facilities. Aggrieved by the gross inaction, and in fact facilitation, the Petitioners are constrained to file the present Petition inter-alia seeking directions against the authorities to act on the complaints made by the Petitioners and to demolish/remove the unauthorised and illegal encroachments from the said Road," the plea stated. 

The petitioners highlighted the fact that there are around 4 schools in the vicinity due to which when parents of the children when come to pick or drop their child, there is a huge vehicular movement, and the illegal encroachments lead to traffic jams.

"These encroachments have drastically reduced the usable road width and completely blocked the footpaths, compelling pedestrians including the children and their families to walk on the main vehicular road. This poses a direct risk to life and safety," the plea argued. 

The judges, however, granted time to the counsel representing the BMC to take instructions and revert back to the court on the point of action taken till date on the complaints made by the petitioner school. The hearing was accordingly adjourned.