New Delhi: The Centre will have to ensure that every road has a properly demarcated, encroachment-free space for pedestrians, the Supreme Court said on Monday.
The bench of Justice P S Narasimha and Justice Alok Aradhe asked Additional Solicitor General K M Nataraj, appearing for the Centre, to instruct the authorities concerned to make sure that the space meant for walking is not encroached upon and is properly separated from motor vehicle lanes, The Tribune has reported.
“Without any big investment and construction, just ensure that proper demarcation is done of walkers’ space. Wherever there is a road, there should be a walkers’ space. Do it with a rope or anything and ensure it is not encroached,” the bench told Nataraj.
The ASG has been granted two weeks to instruct the authorities while emphasising that pedestrians should have confidence that the space is meant for them and they can walk freely without any threat of moving vehicles.
The matter has been posted for further hearing after two weeks.
In a significant verdict, the top court had held on June 19 that the right to walk on a demarcated footpath is a fundamental right.
This right shall have priority over motorised vehicles on demarcated paths and it forms part of the right to movement guaranteed under Article 19 (1) (d) and other fundamental rights including Article 21 (Right to life and liberty), it had held.
A citizen’s fundamental right to walk on a demarcated footpath is primary and shall have priority over movement by motorised vehicles, the top Court had said.
This order by the Court came in an unfortunate motor accident compensation case where a father lost his five-year-old son while taking him to school.
“The right to walk is a fundamental right under Part III of the Constitution. It is integral to the right to movement guaranteed under Article 19(1)(d), read with Article 19(1)(a), Article 19(1) (b), Article 19(1) (c) and Article 21 of the Constitution of India. The fundamental right to walk will take within its sweep the right to demarcated footpaths. These rights are primary and shall have priority over movement by motorised vehicles,” it had ruled.
The fundamental right to walk on demarcated footpaths has a correlative duty and “If the road exists, there is a duty to ensure that there are demarcated and well-maintained footpaths for walkers”, the Court held.
The duty bearers are the urban development authorities, municipal corporations, municipalities and even panchayats, who must endeavour to demarcate, construct, maintain, and safeguard footpaths and other necessary pedestrian infrastructure, as walking is integral to life, it had observed.
“The violation of the right to walk on demarcated footpaths will entitle the citizens to invoke constitutional and legal remedies against duty bearers for restitution and compensation. This remedy is independent of the remedies that are available under the Motor Vehicles Act, 1988,” the Court had said.
The Court directed the registry to register the case with the title “Re: Fundamental Right to Walk and Footpath” and impleaded the Centre through the ministries of Housing and Urban Affairs, Rural Development and Road Transport and Highways, as parties and sought the ASG’s assistance in the matter.
