Hawkers can’t be allowed to put up any structure on footpaths: High Court

Footpaths should be clean and clear from encroachments for the benefit of pedestrians. The pavements can’t be used by hawkers to put up shanties or any other structure – temporary or permanent, observed the Karnataka High Court on Monday.

Also, the court said that it failed to understand the ‘generosity’ of the Bruhat Bangalore Mahanagara Palike (BBMP) in allowing the four feet of footpaths to be occupied by hawkers’ shops and constructing a new roadside drain in lieu of the existing one, which is blocked by structures put up by the hawkers.

A Division Bench comprising Chief Justice Subhro Kamal Mukherjee and Justice Ravi Malimath made these observations while disposing a PIL petition, filed by Geetha Misra, who had complained about encroachment of a portion of the footpath on 17{+t}{+h}main, 3{+r}{+d}block, Rajajinagar by hawkers and sought a direction to the BBMP to free the footpath and the drain from encroachments.

Noticing that a hawker, by the definition of the word, is a person who travels about selling goods, the Bench said that they [hawkers] cannot be permitted to put up permanent or temporary structures on footpaths.

The BBMP told the court that the particular stretch had been declared a hawking zone and there is a 16-feet-wide space for pedestrians even after allowing four feet to be utilised by hawkers.

Denying the petitioner’s allegation of the existence of a storm water drain, the BBMP told the court that the roadside drain was blocked due to structures put up by the hawkers.

A new drain, an estimate for its construction has already been prepared, would be constructed within six months apart from projects to improve the pavement.

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Printable version | Jan 22, 2022 1:30:32 PM |

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