The Calcutta High Court has taken a strict position against the encroachment of footpaths in Kolkata, observing that pedestrian space cannot be used for shops, parked vehicles or roadside settlements. The remarks were made during a case concerning the pet and plant market on Galiff Street, where the court has asked businesses to submit their documents for verification.
A division bench headed by Chief Justice Rabindra V. Ghuge said permission could not be granted to conduct business by occupying footpaths. However, the court left open the possibility of relief for lawful traders operating in the Galiff Street market. Their business-related documents must be submitted to the police and the relevant authorities, which will verify the records and take a decision.
The court has directed all concerned parties to submit a report at the next hearing on October 14. The proceedings follow the recent closure of the Galiff Street market by the police. Traders subsequently approached the court seeking relief.
During the hearing, the bench also questioned the wider pattern of footpath occupation in cities. It referred to shops being established on pedestrian pathways, vehicles being parked on footpaths and roadside shanties being constructed. The court also questioned whether a structure first established through unauthorised occupation and later connected to electricity could thereby become a legally recognised place of residence.
The case places pedestrian access at the centre of a dispute that also involves street commerce, animal welfare and enforcement responsibilities. The court’s observations indicate that the legality of a business cannot be determined only by its continued presence on a public pathway. Authorities are expected to examine the documents submitted by traders before deciding which businesses, if any, can continue.
The bench also raised questions about the sale and registration of puppies at the market. It observed that the registration of dogs is mandatory under central law and that West Bengal has an animal welfare board with provisions for registering dogs and cats. The court noted that such requirements are often not followed in practice.
The Galiff Street market has operated for years and has been associated with the sale of pets and plants. The forest department has previously detained sellers from the market for allegedly trading in protected birds, including parakeets, hill mynas and common mynas. The police closure of the entire market followed these concerns and led traders to seek judicial intervention.
The authorities and other parties involved in the case must place their reports before the Calcutta High Court on October 14, when the bench is scheduled to consider the matter further.
