IT IS the duty of the civic body to get streets cleared from encroachers and make them available for smooth vehicular traffic, the Bombay High Court said while hearing a plea of Mahim residents. Ordering the removal of encroachment, it said that if the encroachment and illegal garages on footpaths on the said stretch are not removed within four weeks, the concerned BMC officials would be held responsible. Justice Ramesh D Dhanuka and Justice Kamal R Khata on November 14 passed the order while hearing a plea filed by Shrikant Shenoy and others of the SB Marg Mahim Residents Association. The plea sought direction to the BMC to remove encroachments from the footpath on the Senapati Bapat (SB) Marg near Mahim (West) railway station and also sought direction to Mumbai Police to assist the BMC officials for the same. The petitioners, through advocates Sneha Phene, Pratik Divkar and Rajni B Divkar, raised a grievance that assistant commissioner of G-North ward, along with other civic officials, have not taken any steps to remove unauthorised occupants though various representations were made to the BMC. The petitioners said that there are several residential buildings on the site of Mahim Railway Station, most of which are more than 50-60 years old, and the road sees heavy traffic movement throughout the day and has footpaths on both sides. The plea claimed that apart from taking over the footpaths, the encroachers also use the bus stops on both sides of SB Marg to dry their clothes and store their boxes. Directing removal of encroachment within four weeks, the HC said that if the BMC officials needed police protection, the same be provided on payment of requisite charges. “The residents of the area are often unable to sleep at night due to the loud fights among the encroachers. On several occasions, the encroachers get drunk and then abuse and threaten the residents. The encroachments have forced residents to live in unhygienic and unsafe conditions,,” the plea claimed. Advocate Kunal Waghmare appearing for the BMC submitted that though action has been taken by the municipal corporation against the encroachers, they have returned to the said stretch every time. However, the bench noted that the BMC’s affidavit in reply to the plea did not indicate that any ‘permanent action’ is taken by it to keep the said road cleared from encroachers. It observed, “It is the duty of the Municipal Corporation to get the public street clear from the encroachers. The said street shall be made available to members of the public and for smooth vehicular traffic and free from encroachment. The action alleged to have been taken by the Municipal Corporation is not of a permanent nature. We are not inclined to accept the BMC counsel’s submission that it had made an attempt to remove these encroachers periodically, the encroachers returned to the site again.” Directing removal of encroachments within four weeks, the bench said that if the BMC officials needed any police protection, the same be provided on payment of requisite charges and disposed of the plea.
