BBMP given three months to clear footpath encroachments

No need to issue notices to encroachers, says High Court

July 24, 2014 12:36 am | Updated November 16, 2021 05:33 pm IST - Bangalore:

The footpath that has been encroached by street vendors at K.R. Market in Bangalore. Photo: K. Bhagya Prakash

The footpath that has been encroached by street vendors at K.R. Market in Bangalore. Photo: K. Bhagya Prakash

The High Court of Karnataka on Wednesday set a three-month deadline for the Bruhat Bangalore Mahanagara Palike (BBMP) to clear footpaths of unauthorised structures and obstructions, without issuing notices to encroachers.

The court also asked the BBMP to lay new footpaths where there were none and relay the unscientifically laid ones within six months.

A Division Bench comprising Chief Justice D.H. Waghela and Justice H.G. Ramesh issued the directions during the hearing of a public interest litigation petition filed by Jennifer Pinto and Priya Rao, who had sought direction to the BBMP and the city police to remove all objects obstructing footpaths across the city.

The petitioners had also sought direction to the authorities to construct footpaths as per scientific norms.

The court made it clear that there was no need to issue notices to encroachers of footpaths as Section 288-D of the Karnataka Municipal Corporations Act empowers the Commissioner to remove certain types of encroachments without issuing prior notices.

The Bench also said that the Chief Engineers of respective zones would be responsible for maintenance of footpaths and clearing encroachments.

Progress

The Bench said that the BBMP will have to submit particulars, including a condensed map, showing the progress made in removal of encroachments and laying or re-laying of footpaths by September 8, the next date of hearing on the petition.

The Bench also asked the BBMP to consider suggestions of the petitioners and the National Federation for the Blind for improving the existing footpaths. Earlier, the BBMP submitted details on instances of footpath encroachments identified in each zone and had sought time to clear them. Taking these details on record, the Bench set the deadline.

Meanwhile, counsel for the State government assured the Court that traffic police would provide all assistance and cooperation to the BBMP in its drive to clear footpaths.

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