KPP -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO. 2845 OF 2010 Vijaykumar M. Bhalla ...Petitioner vs. The Commissioner, Mumbai Municipal Corporation and others ...Respondents Mr. Rakeshkumar with Ms. Sonikumar, instructed by Vijendra Jabra, for the petitioner. Ms. K.R. Punjabi for the Corporation. CORAM: P.B. MAJMUDAR & A.A. SAYED , JJ. DATE: MARCH 03, 2011. P.C. By way of this petition, the petitioner has prayed that the public footpath in front of the petitioner’s property situate at Bhalla House, 97 Hill Road, Bandra (West), Mumbai, may be kept free from any kind of encroachment by respondent No.3 and/or any other persons. This petition is filed by the petitioner on the ground that the footpath area abutting his bungalow is often encroached by unlicensed hawkers by putting tea stalls or other cabins. It is the grievance of the petitioner that if the Corporation removes such unauthorised hawkers from the said area, the said area is again subjected to encroachment within a short time. KPP -2- 2. In order to solve the aforesaid problem, the petitioner himself put steel bollards after unauthorised hawkers were removed by the Corporation with a view to see that the said area is again not encroached. The petitioner has put about 13 steel bollards at the said place. However, since the said steel bollards have been put without the consent of the Corporation, the petitioner apprehended action from the Corporation regarding removal of the same. It is pointed out by the learned counsel for the petitioner that the petitioner is running a play school and nursery in the said premises and with a view to protect the area and to avoid encroachment by the unlicensed hawkers, he has put steel bollards at his own cost and he is not going to recover any amount from the Corporation. On behalf of the petitioner, an undertaking is also filed pointing out that the said steel bollards have been placed on the public street in order to protect the public footpath from illegal encroachment and that the same are not creating any obstruction to the pedestrians. In the undertaking he has also stated that the petitioner is ready to remove the same in case the Corporation requires the said footpath for road widening and/or for any other public purpose. The said undertaking is taken on record with copy to the learned counsel for the Corporation. The learned counsel for the Corporation states, on receiving instructions from Mr. Satpal, Assistant Engineer, who is present in Court, that the Corporation shall not remove the steel bollards put up by the petitioner, unless it is required for public purpose. In our view, the stand taken by the Corporation is reasonable and we appreciate the same. It is KPP -3- pointed out that even the Corporation has also placed steel bollards at various places viz. Opp. Hinduja Hospital, Mahim as well as at Nariman Point, etc. to protect the public footpath from encroachment. 3. In view of what is stated above, the petition is disposed of. P. B. MAJMUDAR, J. A.A. SAYED, J.