The tragedy of Goa’s footpaths is not that there exists nolaw to protect it, the tragedy is that there exists laws, but nobody wants toimplement it. In a landmark judgment on Writ Petition No 148/97 on June 4,1997, the High Court of Bombay in Goa instructed all the Municipal Councils inthe state to clear any obstruction of footpaths in their jurisdiction bySeptember of that year. Sixteen years later, none of the councils have made anyattempt to clear the footpaths.
“Vasco’s footpaths have been repeatedly encroached eversince that historic judgment. MMC has been renewing it year after year despiteHigh Court’s order to the contrary. Why doesn’t the HC punish the guilty?” saysMormugao Municipal Councillor Tara Kerkar. Kerkar had taken former Mormugao MLAKarl Vaz’s Karma Plaza Hotel to court for encroaching on a footpath in theheart of the city in 2000. The city lost another footpath as Mormugao Planningand Development Authority lied under oath in the High Court by misleading it,in its enquiry report. (kindly elaborate in one sentence)
The onslaught on city footpaths across the State continuesas two of the basic sections of Goa Municipalities Act 1968, Section 181 thatprohibits displacement or alteration of pavements and Section 174 that banssurface projections, obstructions and encroachments in respect of publicstreets. From covering footpaths with projections to converting footpaths intoparking zones to cutting across footpaths with thoughfares, the unabateddisfigurement of footpath continues leaving the pedestrian on the streets.
While the landmark judgment of 1997 cleared the footpaths ofkiosks, gaddas and other permanent encroachments, it had also set theguidelines for movable carts on footpaths. “Municipal Council to consider inwhich of the public streets their hawking is to be permitted. The zones forhawking on the public streets on which hawking can be carried out shall befixed after inviting public objections and considering the convenience ofpedestrian”, stated the judgment. Years later, the carts come up at places withpolitical patronage and administrative approval, illegally and routinely. Evena High Court judgment and Municipalities Act cannot rid Goa of the encroachmentof its footpaths.
