The Supreme Court on Monday asked the Centre to identify five cities where a pilot project can be launched to ensure that every road has properly demarcated and encroachment-free footpaths.
A bench of Justices P S Narasimha and Alok Aradhe also directed the Centre to identify a centralised authority responsible for implementing the initiative.
The bench told Additional Solicitor General K M Nataraj, appearing for the Centre, that the authority should have adequate funds, manpower, infrastructure and space to ensure the provision and maintenance of footpaths.
“Which will be that centralised authority, you tell us. The authority should have the funds, staff (and) infrastructure. Secondly, tell us about five cities where you can have the pilot project,” the bench said.
Nataraj said he would apprise the court about the details.
“We direct the Union of India to identify an authority which would be responsible for implementing the need for establishing footpaths,” the court said.
It also said five towns could be identified to begin a pilot project for provisioning footpaths wherever roads exist.
The bench posted the matter for further hearing after three weeks.
The top court is hearing a matter concerning the provision of properly demarcated footpaths along roads across the country.
In a significant ruling on June 19, the Supreme Court held that the right to walk on a demarcated footpath is a fundamental right under Part III of the Constitution.
The court had said the right to walk is integral to the right to movement guaranteed under Article 19(1)(d), read with other fundamental rights including those under Articles 19 and 21.
It held that the right to walk on demarcated footpaths is primary and must take priority over the movement of motorised vehicles.
The court also held that the fundamental right to walk carries a corresponding duty on authorities. “If the road exists, there is a duty to ensure that there are demarcated and well-maintained footpaths for walkers,” it had said.
On August 24, the court had observed that footpaths were an integral part of human life and directed all states and Union territories to respond on the implementation of measures to provide properly demarcated and encroachment-free spaces for pedestrians.
The proceedings arose from a motor accident compensation case in which a five-year-old boy was killed while being taken to school.
The court had subsequently directed its registry to register a case titled “In Re: Fundamental Right to Walk and Footpath” and impleaded the Centre through the ministries of Housing and Urban Affairs, Rural Development, and Road Transport and Highways.
( With inputs from PTI)
