Hyderabad High Court lets police seize footpath goods

Hyderabad: Shopkeepers using pavements for display of their wares are in a spot for the Hyderabad High Court has directed authorities to confiscate the items displayed.

A division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice P.V. Sanjay Kumar was dealing with a petition by Laxminivas Agarwal a resident of Mahbubgunj seeking removal of illegal encroachment and unauthorised constructions on the road margins in Siddiambar Bazaar and Mahbubgunj. The GHMC submitted that even after steps were taken, hawkers are using the pavements to keep their merchandise on display and it was impossible to keep constant watch as it is not a permanent encroachment.

Reacting to the submissions, the bench said “We are unable to appreciate this stand. If anyone has a mind to do a thing, which is not impossible, it can easily be done taking measures rationally.”

Maintaining the pavement is owned by the Corporation, and it is meant for the use of pedestrians, the bench directed the civic body with the help of the police to make a public announcement either through TV or public address system in the area everyday and warn the hawkers and others against wrongful use of the pavement.

The bench said despite such warning, anyone using pavements would be open to the GHMC with the help of the police to remove those articles and to take possession. If no one comes forward to take back the articles, if it is destroyable, it shall be destroyed.

The bench said saleable articles shall be sold in a public auction and the money deposited with the GHMC.

The bench directed that steps shall be taken to fence or to divide the pavements and road so that there cannot be of any further use or encroachments. While posting the matter two weeks after the Sankranthi vacation, 2015, the bench said if anyone is aggrieved, they are free to approach the Court.

The bench also directed the city police commissioner to render all assistance to the civic body.