Footpath encroachment: Invoke penal provisions, HC tells state

The High Court on Wednesday directed the state government to ensure that criminal law is set into motion in cases of encroachment of footpaths.

A division bench, headed by Chief Justice Abhay Shreeniwas Oka, said unless penal provisions are invoked strictly the directions issued will remain only on paper.

The bench observed that apart from the point of view of fundamental rights of the citizens, right to have footpaths in reasonable conditions, the statutory laws relating to footpaths and public streets are rarely effectively implemented. The court said there is a complete prohibition on parking of any vehicles on footpaths under several acts, rules and regulations.

“We hold that it is the duty of all the respondents to ensure that footways and public streets are free from obstructions, in particular the footways. It is also the responsibility of all the respondents to ensure that violations of the provisions of law are not taken casually and criminal law must be set in motion,” the court said.

The bench directed the state government and the police department to ensure that Sections 117, 122, 127 and 207 of Motor Vehicle Act, provisions under the Karnataka Traffic Control Act 1960 and IPC are scrupulously implemented and the criminal law is set in motion. “We direct the state government as well as BBMP to issue directions to its officers for the purposes of implementation of the directions. We may also note here that non-implementation of the provisions may in a given case amounts to violation of right to life under Article 21 of Constitution of India,” the court said.

The PIL filed by R S Ramachandra Reddy had contended that two-wheelers and four-wheelers are parked on the footpaths, besides directions on other issues relating to vehicular movement. After the compliance report was filed by the state government, the court had directed the Bengaluru District Legal Services Authority to inspect the places and submit a report.