1. Legal Mandates That Must Be Enforced - Shenoy Kamlakar- Petitions Group
1.1. No Temporary or Permanent Structures on Footpaths & Roads
BMC Circular (14.12.1999) explicitly prohibits any temporary or permanent structures on roads and footpaths.
1.2. Stringent Regulations for Licensed Hawkers
1.2.1. No Tin Sheds, Stalls, or Roofing: Licensed hawkers are entitled to only 1m × 1m space and cannot erect tin sheds, stalls, or any form of temporary/permanent structure.
1.2.2. Strict Timings for Vacating Space: Hawkers must remove all goods from footpaths from 9:00 PM to 7:00 AM daily.
1.2.3. No Tables or Fixed Structures: No tables, kiosks, or installations are allowed.
1.2.4. No Food Preparation or Cooking Allowed: Footpaths cannot be used for commercial cooking.
1.2.5. Hawkers Must Display Identity Cards: Any hawker found without a visible identity card must be immediately removed.
1.2.6. Goods Cannot be Left Overnight: As per Supreme Court rulings, no hawker has the right to store goods on footpaths after business hours.
1.3. Supreme Court & High Court Directives on Encroachment Removal
1.3.1. Hon'ble Supreme Court (Dipak Kumar Mukherjee v. Kolkata Municipal Corporation) – Illegal encroachments violate fundamental rights and must be removed.
1.3.2. Bombay High Court (Suo Motu PIL No. 1 of 2023) – Strictly directs police and MCGM to prevent all forms of encroachments permanently.
1.3.3. Bombay High Court (PIL No. 78 of 2013, Order Dated 03.05.2019) – The Commissioner of Police, Mumbai, was directed to issue orders to all Beat Marshals to monitor footpaths and ensure encroachments do not return.
1.3.4. High Court (Contempt 90 of 2024 in W.P. 2601 of 2018, Order Dated 21.11.2024) – Once a citizen reports an illegal structure, BMC and Police are legally bound to take immediate action.
1.4. Government Resolution (GR) Dated 10.10.2013 – Mandatory Immediate Eviction
1.4.1. Encroachments on public land must be evicted immediately, and failure to do so is a punishable offense.
1.4.2. Legal complaints must be filed against offenders to prevent repeat violations.
1.5. Mandatory Responsibilities of Police & BMC Under Law
1.5.1. Legal Duties of Police
Police Cannot Deny Duty: Encroachment-related violations are cognizable offenses under:
i. IPC Sections: 268, 269, 270, 409, 429, 431, 441 – Offenses related to public nuisance, obstruction, and illegal occupation.
CrPC Sections: 149-152 (Preventive action), 107-111 (Tadipar proceedings for repeat offenders).
Bombay Police Act: 102 & 115C – Seizure of illegally placed goods and removal of encroaching structures.
Obligation to Assist BMC:
Section 522 of MMC Act – It is the duty of police to inform BMC about encroachments and assist in their removal.
Failure to Act is a Criminal Offense:
Police violating CrPC Sections 154, 156(2), 157 can face legal action as per Lalita Kumari Judgment.
1.5.2. Legal Duties of BMC
Encroachment Removal Laws:
i. MMC Act Sections: 61(O), 313, 314, 322 – Removal of obstructions & projections from public spaces.
Section 516-AAA – Strict action against repeat encroachers.
MRTP Act Sections 52 & 53 – Immediate demolition of illegal structures after second violation.
Duty to Conduct Night Raids:
BMC must conduct night demolitions and destroy confiscated goods as per Supreme Court direction.
Strict Hawker Restrictions:
No rent-sharing, no luxury items, no sale of goods beyond 3 meters per hawker.
Accountability for Inaction:
MMC Circular 20.11.2013 mandates disciplinary action, including dismissal, against officers failing to act.