KOCHI: The Kerala High Court has orally observed that residents of Ernakulam are being adversely affected by the conversion of spaces earmarked for public use into commercial areas, including the proposed construction of 20 kiosks along the Queen's Walkway.
The court's observation came after it stayed further proceedings relating to the construction or installation of kiosks on the walkway in front of the Tritvam Apartment Complex and along Goshree Chathiyath Road.
The petition was filed by the Tritvam Apartment Owners Association challenging the decision of the Goshree Islands Development Authority (GIDA) to set up around 20 commercial kiosks along the Queen’s Walkway adjacent to the residential complex.
The petition stated that the walkway, developed as a recreational and wellness space by GIDA and Cochin Smart Mission Limited (CSML), is located in a premium residential zone housing nearly 8,000 residents.
According to the petitioners, the proposed commercialisation would destroy the residential character of the area, lead to traffic congestion, pose health and safety risks, create fire hazards, and overburden civic infrastructure.
They contended that eateries and other kiosks would result in overcrowding, potential illegal activities and public nuisance, compromising the privacy and safety of residents, especially women, children and senior citizens.
The petitioners also raised concerns about an increase in pests and stray dogs, leading to public health issues. The kiosks are proposed to be constructed on the footpaths in front of the apartment complex, submitted the petitioner.
When the matter came up for hearing, the court came down heavily on GIDA. “You are destroying that place. How can construction be permitted on a walkway? Beautification does not mean putting up kiosks on a footpath. There is no restriction on lighting or other facilities, but constructing kiosks on a footpath is impermissible,” the court observed.“Under what law are you permitted to construct a kiosk on a footpath? A footpath must be kept aside for pedestrians, not for commercial benefit.
Anti-social elements are already gathering there at night and it is difficult to walk through the area. Now you want to add more kiosks. Where will this end? The road will become a street-vending zone. It is a beautiful area with natural surroundings and should be preserved for public benefit under the public trust doctrine, not for commercial or private gain,” the court said, directing GIDA to file a counter affidavit.
The court observed that Kochi needs “lung space”. “Across the world, cities have open spaces - breathing spaces. Here, footpaths are being converted into commercial streets. If you wanted to do this, you could have acquired land and provided space,” the court said.
When GIDA submitted that `85 lakh had already been received in connection with the project, the court remarked, “Precisely. Now the cat is out of the bag. GIDA is making money out of this.”
Civic infra at stake
The Kerala High Court’s decision followed a petition challenging GIDA’s decision to set up commercial kiosks along the walkway
The petitioners said the commercialisation would destroy the residential character and overburden civic infrastructure