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Synopsis

On Wednesday, the Brihanmumbai Municipal Corporation (BMC) informed the Bombay High Court that it will remove within 3 months the obstruction caused by bollards to disabled persons on the footpaths of Mumbai.

The division bench of the High Court, comprising Chief Justice Devendra K Upadhyaya and Justice Arif Doctor, was hearing a Suo Moto Public Interest Litigation (PIL) registered by the high court after it received an email from a 25-year-old Shivaji Park resident, Karan Shah, who has been wheelchair-bound since birth.

Senior Advocate Anil Singh informed the high court that the survey of all 24 wards has been completed, and communication has been made to all the officers to remove the obstruction.

“On the last occasion, I made a statement that we are conducting the survey. My affidavit is ready. A survey of 24 wards is done. There are places where there is obstruction. We have asked ward officers to remove that. There is a policy wherein there has to be a certain distance between bollards for wheelchairs. We are seeking 3 months for rectification,” Singh said.

During the previous hearing, the high court had criticized the BMC, questioning how officers could be unmindful while installing bollards that obstruct disabled persons.

Amicus Curiae, Advocate Jamshed Mistry, informed the bench that under the Rights of Persons with Disabilities Act, 2016, the state government must constitute a state advisory board.

He added that Section 66 of the act imposes certain duties on the board, including advising on policies for disabled individuals.

Therefore, the high court called upon the state government to apprise the court of the steps taken by the advisory board for the access of disabled persons on footpaths

“We call upon government pleader to enquire if the state advisory board on disabled persons in terms of section 66 is constituted, and if so, whether the board has taken any steps for easy access for disabled on the footpath in the city of Bombay,” the court said.

Senior Advocate Anil Singh informed the high court that certain roads within the jurisdiction of BMC were maintained by the Mumbai Metropolitan Region Development Authority (MMRDA) and Maharashtra State Road Development Corporation (MSRDC).

The high court called upon the MMRDA and MSRDC to seek instructions and file an affidavit within a month for the removal of bollards.

The high court will now hear the PIL on 12th March.

Case title: High Court on its own motion