Exclusive | Borivli hawkers’ menace: Mr. Commissioner, how are you going to reclaim this road?, asks State Human Rights Commission

Bhaji Market Gully, which has been taken over by hawkers, in Borivli West. File Pic/Anurag Ahire

Ignoring letters from the traffic police and BEST, the BMC permitted hawkers in Borivli to encroach upon roads to such an extent that bus routes had to be diverted. Now, the Maharashtra State Human Rights Commission (MSHRC) has taken suo motu cognisance of the matter. A division bench comprising Justice K K Tated, chairperson of the commission, and panel member M A Sayeed, has summoned the BMC commissioner and directed the submission of an impartial fact-finding report. The report is to address why no action was taken or responses provided to multiple letters sent by BEST and the traffic police.

The MSHRC initiated action after mid-day reported on November 12, about hawkers encroaching on Court Lane, also known as Bhaji Market Gully, forcing BEST to divert its services to Chandavarkar Road. During a hearing on Thursday, the commission referred to the mid-day report titled "This Borivli hawker market has killed several BEST services". Summons were also sent to BEST, the commissioner of police (Mumbai), and the additional commissioner of police (Traffic) to submit fact-finding reports on the reasons for the route diversions.

The closure of the lane contributes significantly to traffic congestion on SV Road and surrounding areas. File Pic/Anurag Ahire

In an affidavit to the commission, BEST stated that it had to divert its bus routes from Bhaji Market Gully to Chandavarkar Road due to hawker encroachments, making it impossible to operate services. Similarly, the Borivli traffic division, in its affidavit, mentioned that it had been writing to the BMC for the past three years, requesting action to clear the encroachments, but the corporation neither responded nor acted.

During the hearing, BEST's counsel highlighted, "BEST routes on this road were diverted due to hawkers on November 11, 2013. Since then, we have repeatedly written to the BMC to clear the road so services can resume." This statement was also submitted on record via an affidavit. Justice K K Tated noted, "The diversion of BEST routes is a direct consequence of inaction by the BMC and the police."

The commission has now summoned the BMC commissioner to file a detailed report explaining the lack of action and responses to the letters from BEST and the traffic police. The bench emphasised that the report must include reasons for this negligence and a roadmap for resolving the encroachment issue.

In its order, the division bench of the MSHRC observed, "An alarming report was published in mid-day. The affidavits and reports submitted by the respondents reveal that the public lane in question (Bhaji Market Gully) has been virtually taken over by hawkers. Even more shocking is the inability of the traffic police and the BMC to resolve this issue."

The bench further remarked, "The records indicate a total failure on the part of the BMC in addressing the menace of hawkers and squatters on public roads. The municipal commissioner has even expressed helplessness in resolving the issue due to manpower shortages."

The commission criticised the lack of response to repeated communications from BEST and the traffic police over the past three years, saying, "This serious omission has caused significant inconvenience to the public, depriving them of road access and forcing BEST to alter its routes." Panel member M A Sayeed expressed dissatisfaction with the BMC's inaction, noting, "The public continues to suffer due to the failure of the authorities to act."

The commission directed the commissioner of police (Mumbai), in coordination with the traffic police, to personally address the issue and submit a fact-finding report before the next hearing. In its directive to the BMC commissioner, the bench stated, "We direct the issuance of summons to the BMC commissioner, instructing them to conduct an impartial fact-finding investigation. A comprehensive affidavit, including a clear roadmap for addressing the encroachment issue, must be submitted. The commissioner must also explain why no action was taken over the past three years despite repeated communications from BEST and the traffic police." Bhushan Gagrani, BMC commissioner, said, "We will be taking action as soon as possible."