KOCHI: The High Court on Thursday held that no local authority should permit unauthorised constructions on public streets, including footpaths, and that all such encroachments should be removed to ensure mobility and safety of all pedestrians, including those with disabilities and reduced mobility.
“Construction of stall/structure, either temporary or permanent, on the footpath of a public road by anyone, including local bodies, is legally impermissible as it would force pedestrians to walk in unsafe circumstances,” Justice Anil K Narendran observed while considering a petition by Kochi native Praveen George, who sought a directive to the Kochi Corporation to remove a fish stall on the footpath on Chilavannoor bund road near his house.
The court said in view of the guidelines for pedestrian facilities formulated by the Indian Road Congress (IRC), no construction is permissible on a footpath which is the portion of the right of way of road used for pedestrian movement.
“Such constructions would force pedestrians to walk in unsafe circumstances, adversely affecting their mobility and safety. In fact, such encroachments have to be removed invoking provisions under 367(3), section 369 and 372(a) of the Kerala Municipalities Act,” it said. The court recalled that it had earlier held that no parking of vehicles was allowed on footpaths and efforts should be made to ensure pedestrians are not forced to walk in unsafe circumstances as per the IRC guidelines.
Flaying the corporation, the court observed, “The corporation’s conduct in constructing the fish stall/structure on the footpath of Chilavannoor bund road after spending a considerable amount of money on the construction and maintenance of the footpath showed its callous attitude towards pedestrians and its scant regard to the law laid down by the High Court.”
The court said the surface of footpaths should be even and without cracks or humps. However, at various places within the corporation’s limits, footpaths are uneven or sloping and vehicles parked in front of buildings protrude into the footpaths.
The court directed the corporation to file an affidavit showing the approved layout of Chilavannoor bund road and proposed constructions on the footpath, besides material showing the amount spent for its construction and maintenance.
Posting the case to August 14, the court said the affidavit should also state the steps taken to ensure the mobility and safety of all pedestrians.