The court established that the modernization of public roads must comply with statutory guidelines while balancing the rights of street vendors and local businesses, affirming that temporary structures for vendors do not constitute permanent constructions prohibited by law.

JUDGMENT

1. These batch of writ petitions are concerning modernization of Gandhibazar main road, one of the popular commercial roads in Bengaluru city. Since the grievances of the petitioners are common and is directed against the respondent-Bruhat Bengaluru Mahanagara Palike (hereinafter referred to as 'the BBMP', for short), these matters were clubbed, heard together and are disposed of by this common order.

2. The writ petitioners being residents/shop owners/ association of shop owners have raised various grievances and grounds to contend that the proposed plan to restructure the Gandhibazar main road, and the footpath should not be permitted. The grounds inter alia are that the width of the carriageway cannot be reduced, contrary to the provisions of the Indian Road Congress; that the proposed plan to widen the footpath and reduce the carriageway is not only contrary to the provisions of the Indian Road Congress but also unscientific, not eco-friendly, uneconomical, unviable and unnecessary; the proposed plan affects the livelihood of the petitioners and whereas gives a premium to the street vendors, who have been squatting on the footpaths; the proposed plan of widening and redoing of the footpaths would affect the ingress and egress of the residences and shop establishments of the petitioners to the main road, etc.

3. In order to substantiate the contentions of the petitioners, the learned Counsels for the petitioners have argued that the entire plan was done without proper consultation and disregarding the objections raised at the hands of the petitioners and other occupants of the shops and establishments of Gandhibazar main road. Several documents have been furnished to show that even earlier there was a proposal made by the BBMP to evict the street vendors, more particularly, the flower and vegetable vendors who were occupying a portion of the footpath in a limited area. However, when several objections were raised in the matter of providing permanent structures for the benefit of street vendors, the objections were sustained and the plan to widen the footpath and making provision for the street vendors was withdrawn.

4. The learned Counsels have brought on record various aspects regarding the width of the road, the size of the footpaths, etc., and have submitted that since Gandhibazar main road is a two-way road where local buses travel, the width of the road cannot be reduced. It is submitted that at least at four points, on either side of the road, there are bus shelters and the study conducted by Governmental Agencies have revealed that the road cannot be converted into 'one- way' and on the other hand, the government should consider increasing the width of the carriageway. Studies reveal that there is high density vehicular movement on the Gandhibazar main road which connects Chamarajapet and Basavanagudi, two of the densely populated areas in Bengaluru. It is contended that in terms of the Geometric Design Standards for Urban roads and streets, Indian Road Congress, 2018, the recommended carriageway width for a two-lane with raised kerbs is 7 meters. It is contended that any reduction in the width of the carriageway will not only be unscientific, but also make way for serious traffic congestion and gridlocks.

5. Learned Counsels would contend that the State Government has notified the Karnataka Street Vendors (Protection of livelihoods, regulation of street vending and licensing) Scheme, 2020, on 15/6/2020, ignoring the provisions contained in the Street Vendors (Protection of livelihood and regulations of street vending) Act, 2014, and the provisions of the Karnataka Municipal Corporations Act, and the new Bruhat Bengaluru Mahanagara Palike Act, 2020. It is contended that all the above mentioned enactments prohibit all and any constructions on streets and footpaths. However, provision is sought to be made in the proposed plan to put up permanent structures enabling the street vendors to occupy the same and do b