Mumbai footpaths remain blocked by bus stops, stalls despite Supreme Court ruling

Bhatia fast food stall occupy the footpath along Indravadhan Ojha Marg in Vile Parle West. Pics/Atul Kamble

Despite the Supreme Court declaring on June 19 that the right to walk on demarcated footpaths is a fundamental one, two permanent obstructions hinder pedestrians - bus stops, licensed stalls. mid-day noted several such examples across the city. The footpaths in question were narrow from the time they were built, forcing pedestrians onto the road and demonstrating the prioritisation of vehicles over people.

BEST bus stops could be seen on narrow footpaths at Poisar in Jai Bhim Sanjay Nagar, Kandivli West; Dr Ambedkar Hospital in Parekh Nagar, Kandivli West; and D Cooper Hospital on Indravadhan Ojha Marg in Vile Parle West.

A BEST bus stop

Meanwhile, Bhatia fast food/govt milk scheme shop on Indravadhan Ojha Marg; Jai Ganesh chaat shop on Tilak Road on the western side of Santacruz railway station; and Raju sandwich stall near the Churchgate Metro station are some of the licensed shops that block their respective footpaths. There were two exceptions - the BEST bus stop at Mantralaya on Madame Cama Road and Milk Scheme Shop at Liberty Garden Junction in Malad West, whose respective footpaths had ample space for pedestrians.

The Milk Scheme Shop at Liberty Garden Junction in Malad West, one of the installations that does not impede pedestrians. Pic/Satej Shinde

What should be done?

According to experts, an ideal footpath is wide enough to accommodate authorised structures in dedicated zones. "Public utilities can be planned inclusively. Road width has to come second to have well-planned cities. Traffic can always be reduced with increased public transport usage," said urbanist Vedant Mhatre.

The BEST Bus stop at Poisar depot, Kandivli West. Pic/Nimesh Dave

‘Dedicated footpath space is non-negotiable'

Vedant Mhatre, activist and programme manager of the Walking Project: "The issue of choked footpaths across Mumbai exists because the authorities did not ensure the ideal width of footpaths; instead, road width was prioritised. Nor did they specify any space-saving measures at the time of granting permits for authorised installations, as they should have,
because dedicated footpath space is non-negotiable"

The sandwich shop near the Churchgate Metro station. Pic/Ashish Raje

Official Speak

Trushna Vishwasrao, the BEST chairperson
"We also believe that walking on the footpath is a basic right and pedestrians shouldn't have to compromise. Wider footpaths usually help with this issue at many places; we will discuss how we can also sort of revisit possible solutions for this issue from our end."

‘Either widen footpaths or remove all authorised obstructions'

Nayana Kathpalia (below), long-term civic society advocate and trustee of NAGAR, said, "Authorities have always perceived pedestrian rights to be of least importance. It's a sad reflection that the Supreme Court had to reiterate such a basic truth. The old bus stops with just the poles didn't take much space on the narrow footpaths, but they didn't offer shade, and their replacements, which cover almost the entire width of the pavement, were designed with a focus on ad space. The first hawker guidelines were formulated by the BMC in 1985. Even where footpaths are not wide enough, Aarey milk and zunka bhakar shops continue to operate, obstructing pedestrians. Many of them seem to have even expanded their permitted space and functions, so these shops now sell all sorts of fast food. Consumers crowd in front of them, eliminating walking space. Now that walking has been declared a fundamental right, the authorities should either widen the footpaths or remove these obstructions. Authorities choose to do nothing as it's often an unofficial source of income."

Supreme Court ruling

"We [should] first disabuse our minds of associating the ‘right to move' only with movement on wheels. Wheels eclipsed our imagination, and our municipal administration was busy creating roads that are suitable for motorised vehicles. We declare the Fundamental Right to walk on demarcated footpaths alongside motorised roads. The fundamental right to walk on demarcated footpaths shall override the privilege of a motorised vehicle. The duty bearers are the urban development authorities, municipal corporations, municipalities, and even panchayats."

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