The Punjab and Haryana High Court has directed the Ludhiana Municipal Commissioner to examine allegations of encroachments on footpaths and other public utility spaces, and to take appropriate steps to ensure that areas earmarked as footpaths remain unobstructed for public movement. The court relied on a Supreme Court ruling that a pedestrian's right to use a footpath is a fundamental right.
Court Orders Action on Encroachments
The directions were issued by a Division Bench comprising Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor while disposing of a public interest litigation (PIL) filed by Jasbir Singh. The petitioner alleged that footpaths and public utility spaces in Ludhiana were being encroached upon with the connivance of the Municipal Corporation, causing inconvenience to pedestrians.
The petitioner's counsel, Chandan Singh Rana, cited a Supreme Court judgment that held the right of a pedestrian to move on a footpath as integral to the freedom of movement guaranteed under Article 19(1)(d) read with Article 19(1)(a), (b), (c), and Article 21 of the Constitution of India. The High Court took note of this authoritative pronouncement and observed that it becomes the obligation of the municipal authority to ensure no encroachment or obstruction exists on areas earmarked for public movement.
Municipal Corporation's Response
Counsel appearing for the Municipal Corporation informed the court that the competent authority would factually examine the petitioner's grievances and take appropriate action as per law. The High Court disposed of the PIL with a direction to the Municipal Commissioner, Ludhiana, to get the grievances factually examined and take remedial measures forthwith in accordance with law to ensure footpaths are free from encroachments.
Impact on Pedestrian Rights
The ruling reinforces the fundamental right of pedestrians to use footpaths without hindrance. The court's reliance on the Supreme Court's judgment underscores that encroachments on footpaths cannot be tolerated, and municipal bodies must proactively maintain these spaces for public use. The decision is expected to lead to stricter enforcement against encroachments in Ludhiana and potentially set a precedent for other cities in Punjab and Haryana.
