'Surrendered Mumbai': Bombay High Court Slams BMC Over Growing Street Encroachments

The Bombay High Court on Friday came down heavily on the Brihanmumbai Municipal Corporation (BMC) for failing to clear encroachments from a street in suburban Powai, terming the civic body’s stand as a “lame excuse” and a “complete abdication of its powers”.

While hearing a petition over allegations that illegal hutments had mushroomed on the road connecting several schools to the Jogeshwari-Vikhroli Link Road (JVLR) in Powai, a division bench of Justice Ravindra Ghuge and Justice Abhay Mantri sarcastically questioned if the civic body has become ‘powerless’ and has ‘surrendered’ the metropolis to encroachers as it appeared only to be protecting ‘sentiments and religious rights,’ Live Law reported.

The bench held that the civic body was under

an obligation to discharge its statutory duties and could not act in such a manner that would appease encroachers.

However, in its affidavit, the BMC claimed that although the street was used by the public, it was private property and therefore the civic body could not take action against encroachments. The high court, however, rejected this contention, observing that the stand amounted to virtually giving up the area to encroachers.

“We are surprised by the stand taken by the BMC. This shows that the corporation does not have the will, desire, courage or means to deal with the problem,” the bench said.

The judges directed the civic commissioner to submit, within 10 days, a concrete plan to remove the encroachments, clarifying that the proposal should not be an “eyewash”.

It also directed the corporation to remove the mobile toilet facilities parked in the street within 48 hours.

The bench rapped the BMC for not clearly stating in its affidavit by when encroachers would be removed, noting that the officers do not want to commit and then get caught.

“The BMC does not have the will, desire, courage or means. This is complete abdication of powers,” it said.

The judges also raised concerns over traffic congestion caused by encroachments, noting that wide roads were being reduced to single lanes, with vehicles moving “like snails”. They cautioned that if unchecked, the city’s residents may one day be forced to use bicycles or horses due to shrinking road space.

(With inputs from agencies)