HC questions allocation of roads and footpaths to hawkers in Dhaka
The Road Transport Act requires a 10-metre clearance on both sides of roads to remain clear
The High Court has questioned the legality of allocating roads and footpaths to hawkers, asking why such a move should not be declared illegal, unconstitutional, as it disrupts the free movement of the public.
The bench of Justice Bhishmadev Chakrabortty and Justice Abdur Rahman issued the rule yesterday (19 May) following a primary hearing on a writ petition filed in the public interest.
The Local Government, Rural Development and Co-operatives (LGRD) Secretary, Law Secretary, administrators, and chief executive officers of Dhaka's two city corporations have been asked to respond to the rule within four weeks.
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The writ petition was filed by advocate Md Sohebuzzaman.
Barrister Rokonuzzaman represented the petitioner during the hearing. He was accompanied by lawyers Md Firoz Howlader, Md Obaidullah Al Mamun Sakib, Subrata Mondal, Md Morshedul Islam, Ishrat Jahan, Tania Nishat, Zinat Parveen, Ala Uddin Al Azad, Quraish Sarker, Md Newaz Sharif, Shammi Akter and Jamia Akter Sharif.
Speaking to reporters after the order, advocate Md Sohebuzzaman said the writ had been filed on the grounds that allocating roads and footpaths to hawkers under the hawker management policy was contradictory to 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 act, a 10-metre space on both sides of roads must remain clear, he added, but allocating footpaths to hawkers was violating that provision.
