HC rules on legality of footpaths, roads allocation by city corpns

The High Court (HC) on Tuesday issued a rule asking the government authorities concerned to explain why the Dhaka city corporations' allocation of spaces to hawkers on the city's streets and footpaths should not be declared illegal.
The HC bench comprising Justice Bhishmadev Chakra-bortty and Justice Abdur Rahman issued the rule following a writ petition filed in this regard.

On Monday (May 18), The Daily Observer published a report headlined "Hawkers back on streets, now with permits" on the issue.
The secretaries to the ministries of local government and rural development, and law, the administrators of the two Dhaka city corporations, and other relevant government officials have been made respondents and asked to reply to the rule within four weeks.

Supreme Court lawyer Md Soebuzzaman filed the writ petition challenging the legality of a provision in the Dhaka City Hawker Management Policy-2026 that allows city corporations to allocate spaces on roads and footpaths to hawkers.

Speaking to reporters after the order, he said the writ petition had been filed on the grounds that allocating roads and footpaths to hawkers through a policy framework contradicts the Constitution.

He said such allocations hinder citizens' freedom of movement, create traffic congestion and conflict with Section 37 of the Road Transport Act.

According to the law, a 10-metre space on both sides of roads must remain clear, he added, but allocating footpaths to hawkers violates that provision.

The writ petitioner's lawyer, Md Rokonuzzaman, told reporters that the two Dhaka city corporations had reportedly allocated spaces on roads and footpaths to around 200 hawkers two weeks ago under the Dhaka City Hawker Management Policy-2026.