Published in Dwarka Express on 21.5.23
According to a leading newspaper, about 8600 lakes out of 18000 lakes in Karnataka are encroached. It is not a surprising news at all. Everyday, we come across some encroachment happens in the country daily. It has become the part of life. Not only lakes, forest lands, buffer zones of forests are also being encroached in pretext or other. When you come to the roadside, you can pretty well see a hawker occupying platform for his petty shop, a juice stall or a workshop for an automobile repair. Encroachment is not the only culpability of street vendors. Even houses and big shops who officially have registered title deed of their properties tend to infringe into the roads, pavements and water fronts to get extra peace of land. Mushrooming of public land starts in a small scale, invisible or insignificant in the initial stages. One by one, encroachers claim the land their right. Marina Beach was once free from street stalls but now the beauty of the world’s longest beach is filled with filth and dirt. One shopping street has peeped almost to the sea. Encroachment has become the order of the day, and many a time, encroachers resort to under the table dealing with local politicians and bureaucrats. Corruption is rampant, by greasing the palms of local bureaucrats, the hawkers manage to pull along.
Legal Immunity, a blessing!
At the same time forget that the street vendors attain immunity from legal support and it will be near impossible to remove the existing encroachers in the name of street selling. Hawking has become legal, in a way. In 2013, the Supreme Court said the already existing street vendors policy should be treated as a law and passed this order. According to national urban livelihood mission, the court also sought a survey of street vendors and distribute ID cards to the identified ones and create hawking zones for them, which is not being done. In July 2014, the High Court of Karnataka issued notice to the Municipality (BBMP) to remove unauthorized encroachments and obstructions on the footpaths in Bengaluru under section 288-D of Karnataka Municipal Corporation Act, 1976. But subsequently, according to Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, street vending was treated legal. The BBMP is said to conduct a survey and issued ID cards to street vendors. In any case no one could be evicted.
In many of the cities we would have come across once atleast that the municipal bulldozers demolish the unauthorised construction and pulled down several roadside shops. But unfortunately in India we have become accustomed to such upheavals due to local vehement protests and agitations by residents against such encroachments. But nothing concrete has happened to stop such encroachments. In Delhi, unauthorised platform shops all were destroyed and removed by a court order in Dwarka. But very soon everything returned and it was like life as usual. In the process we forget that the platforms are for ensuring safety of pedestrians. But who cares. The same pedestrian walks towards the unauthorized fast food van to take a hot and cheap fish fry and he forgets all rules and regulations when it comes to him. So, encroachment has become a social evil!