Supreme Court Directs States, UTs to Ensure Encroachment-Free Footpaths

The Supreme Court on Monday directed all States and Union Territories to respond on the implementation of its directions to provide properly demarcated and encroachment-free footpaths for pedestrians. Hearing the suo motu case titled Re: Fundamental Right to Walk and Footpath, a bench of Justices P.S. Narasimha and Alok Aradhe observed that safe footpaths are an essential part of human life and stressed that every road must include clearly marked space dedicated to pedestrians.

During the hearing, the Centre informed the court that the Ministries of Road Transport and Highways and Housing and Urban Affairs had already issued advisories to States, Union Territories, and the National Highways Authority of India to develop safe pedestrian infrastructure. However, the Supreme Court asked all States and UTs to submit their responses on the implementation of these guidelines, emphasizing that pedestrians must be able to walk confidently without facing risks from moving vehicles or illegal encroachments.

The latest order follows the Supreme Court’s landmark June 19 judgment, which declared the right to walk on a demarcated footpath as a fundamental right under Articles 19 and 21 of the Constitution. The court held that public authorities, including municipal corporations, urban development bodies, and panchayats, have a legal duty to construct, maintain, and protect pedestrian pathways. It also ruled that citizens can seek constitutional remedies and compensation if this fundamental right is violated due to the absence or encroachment of safe footpaths.

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