The Supreme Court on Monday asked the Centre to identify a central authority responsible for ensuring that wherever there is a road, there is a demarcated footpath. It also directed the Union Government to identify five towns where the Court’s directions can initially be implemented as a pilot project.
A bench comprising Justice PS Narasimha and Justice Alok Aradhe asked Additional Solicitor General KM Nataraj to obtain instructions on identifying such an authority and file a report before the Court.
The bench was monitoring compliance with its June judgment, which held that the right to walk on a footpath is a fundamental right and that every road must have a demarcated footpath.
The Court said the authority entrusted with the task must have adequate infrastructure, space, human resources and funds to effectively undertake the responsibility.
Justice Narasimha emphasized to Additional Solicitor General KM Nataraj the need for a viable central authority equipped with adequate infrastructure, personnel, and funding to handle planning and execute the initial pilot project.
In its order, the bench mandated that footpaths must accompany all existing roads. The Supreme Court directed the Centre to designate an authority responsible for implementation, or establish a new one within the statutory framework, and emphasized that the body must be fully equipped with adequate space, infrastructure, personnel, and funding.
The bench also directed Nataraj to identify five towns where a pilot project for providing footpaths wherever roads exist could be implemented. The Court directed ASG Nataraj to submit a report on the identified central authority and propose five towns across India for a pilot project to build footpaths along existing roads, listing the matter for hearing in three weeks.
In its June judgment, the Supreme Court held that the right to walk is a fundamental right under Part III of the Constitution and is integral to the right to movement under Article 19(1)(d), read with Articles 19(1)(a), 19(1)(b), 19(1)(c) and 21.
The Court held that this right includes access to demarcated footpaths and that urban development authorities, municipal bodies and panchayats have a corresponding duty to construct, maintain and safeguard pedestrian infrastructure.
The Court also held that violation of this right would entitle citizens to seek constitutional and legal remedies, including restitution and compensation.
In S Rajaseekaran v. Union of India, the Supreme Court had earlier issued directions for unobstructed and disabled-friendly use of footpaths. A bench headed by Justice JB Pardiwala is also monitoring pedestrian safety issues, including wrong-lane driving and other road-safety violations.
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