HC Directs BMC to Form Special Cell for Eviction of Footpath Encroachers in Mumbai

Mumbai: The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to establish a special cell to identify and evict encroachers and squatters occupying city footpaths, following a petition by two housing societies in Powai.
The court observed that “brazen and open encroachment” on pavements in Powai could not have occurred without the “tacit consent” of ward officials and criticized the BMC for taking either no action or selective action against such encroachments.
On July 7, photographs presented by advocate Priti Shah showed temporary tin and plastic sheds on Powai pavements being used for residence, cooking, food sales, and drying clothes—raising serious safety concerns for pedestrians forced to walk on roads.
A bench of Justices G S Kulkarni and Arif Doctor questioned whether the civic body would take responsibility for lives lost due to accidents caused by obstructed footpaths, emphasizing that such negligence cannot be ignored.
Highlighting that this was not an isolated case, the court stated that global urban planning norms mandate clear and well-maintained footpaths. It said public funds spent on creating such infrastructure must not be wasted by allowing unauthorized use.
The HC directed the formation of a special cell comprising an additional commissioner and two senior officers to survey all city footpaths and identify unauthorized occupants. It stressed that civic officials have both the power and the responsibility to act, and their failure should not compel citizens to seek court intervention.
Reiterating that Mumbai deserves clean and accessible footpaths, the court concluded, “A city with neat and clean footpaths cannot remain a paper dream.”