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South Mumbai Restaurants, Shops 'Reserve' Parking with Stones, Pots

By Gajanan Khergamker

The streets of Mumbai, bustling with activity and teeming with life, carry within them the spirit of the metropolis. Yet, amidst this vibrancy lies a persistent issue that refuses to be contained: the deliberate placement of stones, flowerpots, and other obstructions by shopkeepers outside their premises to block parking. These seemingly innocuous acts, undertaken with the intention of preserving convenience or asserting control over public space, are far from harmless. They represent a blatant violation of municipal and traffic laws, encroach on public property, and most disturbingly, infringe upon the fundamental rights of citizens.

The Brihanmumbai Municipal Corporation (BMC), entrusted with the duty of maintaining the city's urban order, regularly undertakes raids and actions against such encroachments. Despite their efforts, the issue persists unabated, mocking the very essence of governance and enforcement. The repeated cycles of removal and reappearance of these obstructions highlight a systemic failure that is deeply rooted in both the inefficacy of punitive measures and the apathy of those who perpetuate such encroachments. While the BMC’s sporadic interventions may provide temporary relief, they fail to address the underlying mentality that emboldens individuals to usurp public spaces.

Shobha Annadata Aahaar near Express Towers, Nariman Point in South Mumbai 'reserves' entry space by
placing flowerpots illegally on a BMC Pay and Park stretch, while authorities look the other way
These encroachments do more than inconvenience motorists searching for parking spaces. They strip the common man of the right to freely navigate public thoroughfares, often forcing pedestrians to step onto perilous roadways. The very act of walking, a fundamental right enshrined within the ambit of Article 21 of the Indian Constitution, is compromised by these barriers. The Right to Life, which guarantees every citizen the right to live with dignity, is intrinsically linked to the right to walk safely. When shopkeepers appropriate footpaths and parking spaces for their private benefit, they infringe upon this constitutional guarantee, reducing pedestrians to mere obstacles in their pursuit of profit.

The judiciary, on numerous occasions, has underscored the importance of protecting public spaces from encroachments. Yet, the lack of sustained action and the absence of stringent deterrents have rendered these rulings ineffective. The BMC’s response often appears to be more of a formality than a committed exercise to restore public rights. Raids, though widely publicised, seldom result in long-term resolutions. The encroachments reappear as swiftly as they are removed, highlighting not just a lack of enforcement but also the sheer audacity of violators who are aware of the system’s shortcomings.

The issue also raises questions about civic responsibility. While it is easy to vilify the authorities for their failures, the role of individuals in perpetuating this menace cannot be ignored. Shopkeepers, who benefit from the very infrastructure they obstruct, often fail to realise that their actions disrupt the city’s delicate balance. Similarly, the passivity of citizens, who endure these encroachments without protest, only emboldens those who violate the law.

A lasting solution to this problem demands a multi-pronged approach. Enforcement mechanisms must be strengthened, with penalties that are not only punitive but also deterrent in nature. Regular inspections and immediate action against violations must become the norm rather than the exception. Additionally, public awareness campaigns aimed at fostering a sense of collective responsibility are essential to shift societal attitudes towards public spaces. Only when the citizenry recognises that the right to passage is a shared entitlement, protected by law and vital to urban coexistence, can lasting change be achieved.

The scourge of shopkeepers placing obstructions outside their premises is not merely an issue of encroachment or traffic law violation—it is a larger reflection of a city grappling with the misuse of its commons. Until the authorities and citizens unite in their commitment to reclaiming these spaces, the vision of a truly inclusive and accessible Mumbai will remain a distant dream.

Shobha Annadata Aahaar Encroaches BMC Pay-and-Park
Space in Nariman Point, Authorities Remain Passive

Mumbai’s bustling Nariman Point, known for its iconic skyline and corporate hubs, is witnessing a blatant encroachment right under the nose of the authorities. Shobha Annadata Aahaar, a popular eatery near Express Towers, has allegedly 'reserved' a section of public space by placing permanent flowerpots on a designated BMC Pay-and-Park stretch. This act not only violates anti-encroachment laws but also highlights the recurring issue of private entities usurping public spaces in the city.

The flowerpots, strategically placed to block parking outside the eatery, have been creating inconvenience for motorists while impinging on the public's right to use the space as intended. Despite clear regulations that prohibit such obstructions, no significant action has been taken by the Brihanmumbai Municipal Corporation (BMC) to address this violation.

Residents and commuters in the area have expressed frustration over the authorities' inaction. “This is a prime location, and parking is already scarce. Such illegal encroachments not only inconvenience the public but also undermine the city's governance,” said a local motorist.


Legal experts point out that such actions breach multiple provisions of municipal laws and traffic regulations. Moreover, by obstructing public spaces, the eatery infringes on the Right to Life under Article 21 of the Indian Constitution, which guarantees citizens the right to walk and commute safely.

The BMC’s enforcement machinery has often been criticised for its lax approach towards such violations, with actions limited to sporadic raids and temporary removals. In most cases, encroachers reinstate the obstructions within days, knowing well that penalties, if any, are neither punitive nor deterrent.

Public spaces in a city like Mumbai, where every inch counts, are vital for maintaining urban balance. However, instances like this expose the systemic apathy and lack of accountability that allows such encroachments to persist. Authorities must act decisively, removing the obstructions and penalising offenders to prevent recurrence.

Until stringent measures are implemented and followed up with regular inspections, such violations will continue to erode the sanctity of public spaces, leaving citizens to bear the brunt of this neglect. For now, the flowerpots outside Shobha Annadata Aahaar stand as a symbol of defiance against civic norms and a glaring reminder of the city's struggle with encroachment.

Mumbai residents who wish to highlight similar encroachments in public space by way of stones or pots are requested to send in photographs and/or videos of the same and details by email on thedraft@draftcraft.in

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