The Bombay High Court was notified by the Municipal Corporation of Greater Mumbai (MCGM) on Wednesday that within a span of three months, they will eliminate bollards that impede wheelchair users from accessing footpaths.

A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor presided over a suo motu Public Interest Litigation (PIL) initiated in response to an email drawing attention to the issue.

The genesis of the PIL can be traced back to an email received by advocate Jamshed Mistry from Karan Sunil Shah, a 25-year-old resident of Shivaji Park and a wheelchair user from birth. Shah expressed apprehensions regarding the installation of bollards at footpath entrances throughout Mumbai.

Upon reviewing the photos attached to Shah's email, which vividly depicted the obstacles created by closely spaced bollards at footpath entrances, the court took suo motu cognizance of the matter.

Senior Advocate Anil Singh, representing the BMC, informed the court that a thorough survey of all 24 wards had been conducted, and instructions had been issued to the relevant officers to promptly address the obstructions.

Singh elaborated on MCGM's 'Universal Footpath Policy' dated May 25, 2023, which stipulates a minimum spacing of 1 meter between bollards to facilitate wheelchair access. He requested a period of three months to rectify the current deficiencies in accordance with this policy.

Furthermore, the policy also specifies that the minimum width of a footpath should be 1.8 meters to enable the simultaneous two-directional movement of two wheelchairs.

Amicus curiae Jamshed Mistry emphasized that the Rights of Persons with Disabilities Act, 2016 mandates the formation of a state advisory board to provide counsel on policies benefiting disabled individuals. The court inquired with the state government regarding the establishment of such a board and whether any initiatives aimed at improving accessibility for disabled individuals on footpaths have been implemented.

The court directed the Mumbai Metropolitan Region Development Authority (MMRDA) and Maharashtra State Road Development Corporation (MSRDC) to submit an affidavit within a month detailing their plans for the removal of bollards on roads under their jurisdiction. The next hearing is scheduled for March 12, 2024.

In prior hearings, the court had admonished MCGM for installing bollards without adequately considering the needs of disabled individuals.

Case no. – Suo Moto PIL (L) No. 27145 of 2023

Case Title – High Court of Judicature at Bombay on its own Motion v. Municipal Corporation for Greater Mumbai and Anr.