No encroachments removed from Bengaluru footpaths, HC appalled

The court had held that the statutory laws relating to footpaths and public streets are rarely implemented

The Karnataka High Court on Tuesday took exception to the authorities’ failure to obey its order on removing encroachments from footpaths.

On April 21, 2021, the court had directed the authorities to scrupulously enforce the provisions of the Motor Vehicles Act, the Karnataka Traffic Control Act and the Indian Penal Code (IPC), and initiate criminal proceedings against footpath encroachers.

The court had held that while having reasonable footpaths is a fundamental right, the statutory laws relating to footpaths and public streets are rarely implemented.

In particular, the court had noted the authorities’ failure to ensure that no vehicles are parked on footpaths, as stipulated by several acts, rules and regulations.

Bengaluru-based NGO Letzkit Foundation has filed a separate PIL petition over the matter, highlighting how government agencies, including the police, the Bangalore Metro Rail Corporation Limited (BMRCL) and the Bangalore Electricity Supply Company (Bescom), have encroached upon footpaths. The petitioner submitted to the court recent photographs of vehicles parked on footpaths, including in front of the Jayanagar police station.

Hearing the petition on Tuesday, a division bench led by Chief Justice Abhay Shreeniwas Oka was appalled to note that no government agency, not even the Jayanagar police, had obeyed its April order.

The court went on to direct the traffic police and the BBMP to immediately visit the spots and take necessary action, and submit a report by August 23.

The counsel for the BBMP submitted a memo showing newspaper advertisements that informed the general public about the court’s April order. The memo also said officials had been directed to obey the order.

But the court wasn’t satisfied. It pointed out that the authorities hadn’t placed on record whether the criminal law was set in motion against the footpath encroachers in line with its April order.