The Kerala High Court has observed that the government and local authorities should ensure that encroachments on road margins and pedestrian facilities, including footpaths, are prevented.
Justice Anil K. Narendran, while dealing with a case relating to construction of a bus shelter on the footpath at Uduma Junction in Kasaragod, observed that once a public road was laid as per the required standards and guidelines, it has to be maintained as such without encroachments of any nature or in any form, either temporary or permanent, on the right of way or on the pedestrian facilities as per the guidelines and standard.
Not for parking
The court said footpaths and other pedestrian facilities along public roads were not intended for parking of vehicles or for traders or shop owners to keep their articles.
Any obstruction on footpaths and pedestrian facilities along public roads would force pedestrians to walk in unsafe conditions, adversely affecting the mobility and safety of pedestrians, including those with disabilities, and reduced mobility.
The court also observed that in terms of the law, constructions on public streets, including footpaths, causing obstruction to users of the street was legally impermissible.
Observations
The court made these observations while hearing a petition filed by A.V. Sivaprasad, secretary of the Democratic Youth Federation of India (DYFI) Uduma block committee, seeking to review a judgment directing to demolish the bus shelter constructed by the DYFI at Uduma town.
Hosdurg tahsildar had reported that the bus shelter was causing traffic congestion.
It also protruded into the bus bay.
In fact, two new bus shelters had been constructed by the Kerala State Transport Project on the road margins about 30 m from the bus shelter.
The court said since the bus shelter constructed by the DYFI posed a serious safety threat to bus passengers and pedestrians, non-compliance with the directive and allowing the public to use the shelter had to be viewed seriously.
Affidavits sought
The court directed the authorities concerned to file affidavits explaining the reasons for not demolishing the bus shelter as directed by the court.
