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 take appropriate steps in accordance with law. The court emphasized that areas earmarked as footpaths and for movement of the public at large must not be obstructed or encroached upon.
Supreme Court Precedent on Pedestrian Rights
The directions came as the Division Bench of Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor disposed of a public interest litigation (PIL) filed by Jasbir Singh. The petitioner contended that footpaths and other public utility spaces had been allowed to be unauthorisedly encroached upon by the Municipal Corporation, causing inconvenience to pedestrians and the public at large. He also referred to representations submitted to the municipal authorities highlighting specific areas where footpaths had allegedly been encroached upon.
Appearing for the petitioner, counsel Chandan Singh Rana relied upon a Supreme Court judgment holding “the right of a pedestrian to move on a footpath to be a fundamental right, as it has been found integral to the freedom of movement guaranteed under Article 19(1)(d), read with other clauses of Article 19 i.e. Article 19(1)(a), (b), and (c) and Article 21 of the Constitution.”
Municipal Corporation's Response
Counsel appearing for the Municipal Corporation told the court that the competent authority would have the petitioner’s grievances factually examined and take appropriate action as per law. Taking note of the Supreme Court’s ruling, the High Court observed that “in view of the authoritative pronouncement of law on the right of pedestrians to use footpaths, it becomes the obligation of the municipal authority to ensure that no encroachment or obstruction is allowed to exist on areas which are specifically earmarked for movement of public at large in the form of footpaths, etc.”
Court's Directions
While disposing of the PIL, the Bench directed the Municipal Commissioner “to get the petitioner’s grievance factually examined and to take appropriate steps as may be warranted in law to ensure that areas earmarked as footpath and for movement of public are not allowed to be encroached upon and that remedial measures are taken forthwith in accordance with law.” The High Court’s order reinforces the legal framework protecting pedestrian rights and places a clear duty on municipal authorities to maintain public spaces free from encroachment.
