The Nagpur Municipal Corporation has invested significant public funds in developing city roads, yet the footpaths remain obstructed by illegal vendors. Concerned about this situation, Madhukar Kukde, president of the Citizen Forum, has approached the Nagpur Bench of the Bombay High Court, urging it to issue directives to clear the footpaths of these encroachments.
In a public interest litigation, Kukde claimed that while the NMC and other authorities have built new footpaths, they have failed to protect them from encroachers. This has led to significant inconvenience for pedestrians, who are left with no choice but to walk on busy roadways due to the unavailability of clear footpaths.
As a result, Kukde argued, traffic is obstructed and pedestrians are at increased risk of accidents in various parts of the city.
Footpaths are public property and are for the convenience of the general public. It is not intended for private use, Kukde claimed. The main purpose behind the construction of sidewalks is to provide safety to pedestrians while walking on the roadside. But, the right of pedestrians cannot be encroached upon by allowing vendors and hawkers to carry their own businesses on the footpaths, he said.
Kukde said that footpaths are meant for the public and should not be used for private purposes. They are designed to keep pedestrians safe while walking near roads. He argued that letting vendors and hawkers use the footpaths takes away the rights of people who need to walk there.
He also stated that no one has the right to use public property for private business or other purposes without proper authorization. Advocate Tushar Mandlekar will represent the petitioner in this case.
NMC and police authorities ignore Forum’s notice
The Citizen Forum stated that they sent a notice to the municipal and police commissioners on August 31, requesting the removal of encroachments from pavements and roads. However, the Forum claims that neither authority has acknowledged the notice.
Petition seeks the following
The NMC should be directed to remove encroachments from the sidewalks.
Officers be made responsible for preventing and removing encroachments from footpaths
Institute a mechanism for officers to submit a regular report of action taken to the municipal and police commissioners NMC be directed to provide a ‘special app’ or ‘website’ for citizens to file online complaints with photos of encroachments
NMC be directed to stop construction of benches on footpaths from VNIT to Bajaj Nagar Chowk so as to stop nuisance by encroachers the right of pedestrians cannot be encroached upon by allowing vendors and hawkers to carry their own businesses on the footpaths, he said.
Municipal commissioner be instructed to remove illegal ‘paid parking slots’ or ‘pay and park’ places constructed on footpaths at Ramdaspeth