'Residents will have to ride bicycles and horses to work': Bombay HC slams civic body over illegal encroachment

The court made the remarks while hearing a plea filed by a school in suburban Powai over alleged inaction on the part BMC against encroachments in institute's vicinity.

Mumbai: The Bombay High Court on Thursday expressed concerns over increasing encroachments on public roads in the metropolis, terming the situation "grim", and remarked that in the future residents would be forced to ride bicycles and horses.

A bench of Justices Ravindra Ghuge and Abhay Mantri wondered what would become of the city of Mumbai in the next two decades if squatting and illegal encroachments continued unchecked, and slammed the local civic body, saying it appears powerless and seems to lack courage to remove them.

"If a stop is not put to this (illegal structures), in the future people would be forced to use only two wheelers, bicycles or horses on roads which would be taken over by encroachers," the court observed.

The court made the remarks while hearing a plea filed by a school in suburban Powai raising concerns over alleged inaction on the part of the Brihanmumbai Municipal Corporation (BMC) against encroachments in the institute's vicinity.

The bench questioned civic authorities as to how unauthorised structures could be erected on public roads while directing the deputy municipal commissioner concerned to remain present in the court on Friday.

"It seems the BMC does not have the will, desire, courage or means to remove such encroachments. The BMC is surrendering Mumbai to encroachers," the court said questioning if the civic body was so powerless so as to not act against encroachments.

The bench was aghast to note the BMC had been supplying drinking water and had also parked a temporary toilet facility van at the spot in Powai where encroachers had taken over the road.

"Isn't the BMC promoting encroachments like this? This is a grim situation. If you stop giving them water and toilet facilities they will move. But you have been giving to them (facilities) on a platter," the HC observed.

The court stated that the BMC has to see the situation of roads across the financial capital.

"Everywhere, roads are left with only one or two lanes and then there is traffic jams. Cars cannot move, a person walks faster than such cars stuck in jams," it remarked.

The court noted that people have limited time on this planet and each person's endeavour must be to keep the environment and the city in such a good condition that the next generation reaps its benefits.

"Our next generation should not say we have been callous with our city," it said.

BMC advocate Dhruti Kapadia assured to the court to submit an affidavit giving a timeline by which the encroachments specified in the petition would be removed.

The petition filed by Beaumont HFSI School and its principal Kalyani Patnaik alleged dereliction of duty by the BMC and said instead of removing the slum dwellers who have encroached upon the road near the institute, the civic body aided them by providing toilets and water.

Kapadia told the court that the civic body had attempted to remove the encroachers in the past, but they had turned violent and issued threats to officials.