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HC fiats on Mumbai footpaths only of academic value - Dilip Chaware

Anyone living or walking in Mumbai will agree with this grievance that hardly any footpath in the metropolis is fit for a pedestrian, leave aside physically challenged users. The history of the neglect of Mumbai footpaths and their rampant encroachment is generally eclipsed due to more horrible condition of its roads. Together, these two most basic amenities essential for any worthwhile urban centre appear to be the last priority of the Brihanmumbai Municipal Corporation (BMC), which is touted as the richest civic body in Asia.

 

This civic disdain springs from the supreme confidence that none can penalise BMC authorities for the sorry state of affairs. And there is a reason to share this confidence. History shows that the government and the judiciary have repeatedly pulled up the BMC for this apathy but no action has ever been taken. Therefore, cosmetic assurances are given, announcements are made though nothing concrete is done by the BMC, whose budgets swell every succeeding year and fixed deposits in banks keep on accumulating.

 

When the BMC was headed by municipal commissioner Praveen Pardeshi, a soothing announcement was made. It promised to improve what was called ‘pedestrianisation.’ Thereby, it was promised that footpaths in the metropolis will be redesigned. This will be supplemented with uniform signage, smart street furniture like dustbins, benches, streetlight poles and bus halts.

 

All of a sudden, there was a change in the state’s political leadership. Pardeshi was transferred, Covid-19 invaded the world and the announcement was forgotten. Of course, various justifications can be offered but the fact remains that the BMC as an entity does not remember or respect its own promises.

 

While the Pardeshi plan was presented, civic officials had said that the size of the shop boards on a particular footpath would be of identical dimensions so that the focus of the drive remained to enhancing aesthetics. The officials pointed out that standardised footpaths and signage had been created around shops on a pilot basis at MG Road in Fort. They claimed that the pilot project was successful. Hence, they planned to replicate it all over Mumbai. This media briefing had taken place in December 2019. After the departure of Pardeshi and arrival of Covid, absolutely nothing has happened. Still, the BMC continues to depose before the high court that good quality footpaths would be made available.

 

The sad story had happened ever earlier. The Bombay high court had observed way back in April 2018 that it is the fundamental right of people to enjoy good roads and footpaths. It was commenting on the imbalance of scaling skyscrapers and unmaintained roadworks. The bench of Justice Abhay Oka and Justice Riyaz Chagla had said, “It is the fundamental right of a citizen to have roads and footpaths in a reasonably good condition, and correspondingly local authorities should provide it to them. All steps should be taken to see that the citizens are not deprived of their rights.”

 

The bench also emphasised that it was the responsibility of the civic authorities to give their citizens good roads and footpaths, and should also record grievances of citizens promptly and should work to not devoid citizens of this basic right. Progress over their grievances should also be communicated to them, said the judges. “If a citizen suffers as a result of the failure of the state machinery to maintain roads, apart from liability under the regular law of torts, the person can take recourse to public law remedy,” the court had said.

 

However, the judicial system in India works in such a fashion that most litigants against the authorities repent for their adventure of filing a damage recovery case anywhere in the country. Knowing this very well, the BMC only listens to the court observations respectfully, and has continued to function according its age-old tradition.

 

This was highlighted just last week when a high court bench observed that “there is not one road in Mumbai that is walkable.” Justice Gautam Patel said, “Instead of shifting towards pedestrianisation, you have gone on the opposite side and moved towards motorisation. What will happen to people who go on foot and on bicycles? Today, there is not one road in Mumbai that is walkable. It is actually disgraceful.”

 

The bench of Justices Gautam Patel and Gauri Godse was hearing a petition filed by some Borivali shop owners regarding illegal hawkers on the footpath outside their establishments. They complained that a large number of unauthorised stalls had come up in front of their shops.

 

Earlier, hearing the petition on 11 November, the bench had said, “We believe the petition raises a much larger issue of consequence to the entire city. Everywhere there is an obstruction of pavements and sidewalks impeding pedestrian movement. Some of these obstructions are so-called official or authorised structures, including milk booths and even police chowkies.” The bench will pass an order after receiving BMC’s reply. It is only to be hoped that some truly serious steps will be initiated consequently.

 

Nonetheless, the BMC does not tire of making one attractive announcement after another. It promised three months ago to improve all roads in Mumbai. This was announced following a promise by chief minister Eknath Shinde. Tendering began but has been stalled due to some technical reasons. The result will be that the delay in the procedure will lead to a further extended deadline and soon, monsoon will be at the doorstep. Taking advantage of this, cleansing of the nullahs will be given priority and the roads and footpaths will continue to be in the same unfinished condition. This has happened in the past and will continue to happen hereafter unless drastic measures are taken to break this sordid cycle.

 

Consider this earlier announcement in detail. As part of the BMC’s ambitious scheme, it has been planned to beautify Mumbai within three months. Under the plan, the civic body has taken up a survey to locate the missing links of footpaths in Mumbai. The plan was announced in early September with an attractive title, “Mumbai Beautification Plan.” Several improvement projects were to be taken up at an estimated cost of Rs. 1700 crore. Already, two months are over but there is no sign of any activity under the plan. While announcing it, civic officials had loftily said that footpath improvement would be a key aspect of the project and special attention would be given to transform footpaths into pedestrian friendly zones. A virtual imagery of Mumbai’s total footpath network was to be created by using a GIS mapping system. Once this was done, it was to be superimposed over the original ground situation to locate missing footpaths.

 

The BMC had taken up a similar survey at the end of 2018 but it never took off due to technical glitches. Further delays were caused by the Covid wave. The completed survey was to be handed to the roads department for initiating the work at ward levels. Nothing is heard about the plan while the roads department is busy with drawing up a scheme to repair all roads in Mumbai.

 

The issue of presence of hawkers in every nook and corner in Mumbai has remained untouched as far as this high court petition is concerned. Hence even better footpaths will provide only some limited relief. But that, too, will take years. In fact, frustrated by earlier experiences, it is rightly feared that the nightmare will last for a long time to come.

A Column By
Dilip Chaware – Senior Editor 
A media professional for 43 years, with extensive experience of writing on

a variety of subjects; he is also a documentary producer and book author.