HC orders PMC to act against Kausarbaug encroachments | Pune News


HC orders PMC to act against Kausarbaug encroachments

Pune: Bombay High Court has directed Pune Municipal Corporation to act against alleged encroachments along key roads in Kausarbaug area in Kondhwa.The Sept 10 order came after Kausarbaug Residents Forum (KBRF) filed a petition which alleged widespread unauthorised commercial activity and encroachments on public roads, footpaths, open spaces and playgrounds in the locality. The court, in the very first hearing, observed that the authorities were duty-bound to ensure that roadsides are not encroached upon.Considering the factual situation, the bench comprising chief justice Mahesh Chandra Tripathi and justice Advait M Sethna said it was not inclined to keep the petition pending by calling for replies from the respondents, which included the state government, district collector, Pune Municipal Corporation (PMC), police commissioner and Maharashtra State Electricity Distribution Company Ltd (MSEDCL).The HC bench directed the authorities to issue notices to the owners of the structures in accordance with the law before making a decision in the matter and conclude the proceedings as per the prescribed legal procedure.A senior PMC official said the civic body will examine the court order and take appropriate action in accordance with the court’s directions.Kausarbaug has many establishments serving a variety of food and sees a surge in commercial activity during Ramzan, when many fruit and food stalls, including temporary ones, are set up in the area.Residents have repeatedly opposed the activity, alleging that encroachments on footpaths and roadside spaces obstruct access to residential areas and cause congestion, particularly as visitors from across the district flock to the locality for its food stalls.In its petition, the forum sought directions to the authorities to remove illegal encroachments, unauthorised structures and commercial activities in the area and act against eateries, hotels, roadside vendors, temporary structures, marriage halls and other establishments operating without valid licences and mandatory clearances.The forum also sought to regulate commercial activities on public roads, footpaths, open spaces, and playgrounds, particularly during Ramzan, and to act against illegal parking, unauthorised rickshaw stands, and double parking to ensure unobstructed movement for traffic and pedestrians.It wanted measures to ensure permanent access for ambulances and fire services, improve sanitation, waste management and drainage, prevent garbage dumping and discharge of untreated wastewater on the roads, and enforce fire-safety norms, including a ban on open-fire cooking, grills and wood-fired ovens without a valid NOC from the fire department.Lawyer Hrutwik Kate, who appeared for the petitioners, said it was rare for the court to pass an order in the first hearing. He said the court observed that it was a fundamental duty of the authorities to act on the matter. “The high court’s order is a significant development. We expect the civic body now to take the matter to its logical conclusion by following the statutory procedure,” he added.Local authorities, including the police and municipal officials, meet residents and eatery owners every year ahead of Ramzan. Residents said they have consistently raised the issue of encroachments during these meetings over the past two years. They have demanded that temporary stalls and eateries set up during the month be shifted to an open space instead of being allowed to occupy roads and obstruct traffic.“We are not opposed to their businesses. We only want a safe environment where these eateries follow all norms and residents do not feel unsafe or face inconvenience,” another resident said.graphicHead: Residents fed up with choked roads , pollutionWe have raised our concerns with local authorities on several occasions. We took up our issues with every individual in the system, from junior officers to commissioners. Everyone assured us that action would be initiated, but there was little movement on the ground. We had no option but to approach the high court for reliefHabib Patel I President, Kausarbaug Residents ForumThe number of unauthorised eateries on our roads has increased significantly over the past two to three years. During Ramzan, temporary stalls are set up, making it difficult to commute. Residents face even greater inconvenience as several roads get blocked, making it difficult to reach their homes. Tandoor bhattis are also causing pollutionMohsin Shaikh I A Kausarbaug residentSerious safety concerns are at stake as many eateries lack basic safety measures and fire NOCs. In the event of a fire, the fire brigade personnel will find it difficult to carry out rescue operations. Residents living around these unauthorised commercial establishments would be the first to be affectedTanvi Shaikh I A Kausarbaug resident



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