“The safety of the commuters using the footpath or pavement is paramount, as any mishap, bodily injury, or death occurring due to the non-availability of a safe footpath/pavement, or walkway would amount to breach of the fundamental rights guaranteed to the citizens,” observed the Bombay high court.
Stating that it is “public duty and an absolute obligation” of the Brihanmumbai Municipal Corporation (BMC) to provide such basic facility, the High Court has asked the civic body to file its reply to a petition filed by advocate KPP Nair seeking that the authorities restart the skywalk on the eastern side of Bandra railway station.
A division bench of Justices Girish Kulkarni and RN Laddha was hearing Nair’s petition highlighting the issue of the non-availability of foot-over-bridge connecting Bandra Railway Station, on the Bandra East side, towards MHADA end.
Increased crowd on one skywalk
The petition stated that everyday thousands of persons commute between Bandra Railway Station, on Bandra East side towards MHADA End, and that there is only one pavement available for these commuters which gets unimaginably crowded thereby causing accidents. Such a chaotic situation is totally against the interest of the commuters. He states that he has himself suffered an accident.
A sky-walk was constructed by Mumbai Metropolitan Region Development Authority (MMRDA) in 2008-2009, and was handed over to the BMC. However, on the ground that it had become unsafe, it was removed in the year 2019. When this sky-walk was in operation, there was no grievance to the safety and convenience of the commuters, explained Nair.
Urgent restoration required
The judges noted: “In our opinion, it appears that at the location in question, a provision for a foot over bridge/sky-walk, is an important public facility which is urgently required to be provided by the Municipal Corporation. We are concerned about the mishaps and accidents taking place, as it is stated that the commuters today are required to use the single congested footpath.”
Advocate Pooja Yadav, appearing for the BMC, said that the corporation has initiated the process to restore the Sky-Walk.
The HC has asked the BMC to file an affidavit on the plea by March 27.
