KOCHI: The Kerala High Court on Wednesday quashed a single judge order barring the construction and installation of commercial kiosks on the Queen’s Walkway along the Goshree-Chathiyath Road in Kochi. The court declared that the Goshree Islands Development Authority (GIDA) has the authority to develop the road and walkway located on the land that forms a part of the 25 hectares originally assigned to them in Ernakulam village. Putting up kiosks in a manner proposed by GIDA cannot be seen as illegal, the court said.
A division bench comprising Justice A K Jayasankaran Nambiar and Justice Preeta A K issued the order on GIDA’s appeal challenging the single judge’s order. GIDA argued that it had absolute right to utilise the pathway for any activity.
The division bench pointed out that the single judge had proceeded on the basis that GIDA has no authority over the Goshree-Chathiyath Road and the Queen’s Walkway.
The bench said that, at any rate, the said land was not one that had vested in Kochi corporation, and therefore, the corporation did not have any proprietary right over the land with regard to the development activities there.
The land is not included in the asset register of Kochi corporation. “We therefore cannot concur with the finding of the learned single judge in the judgment that GIDA had no authority over the Goshree-Chathiyath Road and the Queen’s Walkway,” the division bench said.
Further, the court refused to consider the apprehension of those residing nearby that the construction of kiosks would result in the Queen’s Walkway being obstructed and would cause inconvenience to pedestrians’ free use of the walkway.