Special Correspondent Kochi
The Kerala High Court on Thursday held that no local authorities should permit any unauthorised constructions on public streets, including footpaths, and all such encroachments would have to be removed to ensure mobility and safety of pedestrians, including those with disabilities and reduced mobility.
Justice Anil K. Narendran made the observation while dealing with a writ plea by Praveen George of Kochi seeking a directive to Kochi Corporation to remove a fish stall being built on the footpath near his property.
Mobility and safety
The court observed that in view of the guidelines for pedestrian facilities formulated by the Indian Road Congress, no constructions were legally permissible on the footpath which was a portion of right of way of the road used for the movement of pedestrians. Such constructions on public streets would force pedestrians to walk in unsafe circumstances, adversely affecting the mobility and safety of all pedestrians, including those with disabilities and reduced mobility. In fact, such encroachments would have to be removed invoking the provisions of Sections 367(3), 369, and 372(a) of the Kerala Municipalities Act and Section 220 of Kerala Panchayat Raj Act.
The court observed that footpaths of a public street were meant for the movement of pedestrians, including those with disabilities. They should have an even surface without cracks or bumps for comfortable walking, and be wide enough to accommodate pedestrian flow at any given point of time. It had to be maintained without any obstructions. The construction of stall/structure, either temporarily or permanently, on footpaths by any persons, including local bodies, was not legally permissible since such an obstruction would force pedestrians to walk in unsafe circumstances.
The court recalled that it had earlier held that parking of vehicles was not legally permissible on footpaths and that an effort should be made to create a condition in which pedestrians were not forced to walk in unsafe circumstances.
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