38.6c New Delhi, India, Sunday, May 26, 2024
Judiciary

Right to have footways in good condition is a fundamental right under Article 21: Karnataka High Court

By Aditi Aggarwal      08 March, 2021 06:27 PM      0 Comments
Right to have footways in good condition is a fundamental right under Article 21: Karnataka High Court

A Division Bench of Chief JusticeAbhay Shreeniwas Oka andJusticeS Vishwajith Shetty of the Karnataka High Court on Friday reiterated that the right to have footways in reasonably good condition is a fundamental right guaranteed under Article 21 under the Indian Constitution. 

 

The Court made this observation while issuing notice on a petition filed by city-based organization ‘Letzkit Foundation,’ which contended that footpaths on most roads, except for some in the Central Business District (CBD) are not walker-friendly. The PIL has also accused private persons and some public authorities like the police of encroaching upon footpaths in the city.

 

In this regard, the plea prayed for a direction to the authorities to ensure that encroachments are removed and footpaths are made pedestrian-friendly.

The Court said in its order that:

“It is held in a previous order by this court that the right to have public streets/footpaths in reasonable condition is guaranteed under Article 21 of Constitution of India and if a citizen is prevented from reasonable use of public streets and footways, it will be a violation of Article 21 of Constitution of India.” 

The Court further directed Bruhat Bengaluru Mahanagara Palike (BBMP) to take immediate action against encroachments on footways in Bengaluru. 

“We direct the second respondent (BBMP) to ensure that an appropriate officer visits various sites pointed out by the petitioner in this petition.

If any encroachments are found on the footways, needless to add that the second respondent will take steps to remove those encroachments,” the bench said.

The Court further suggested petitioner's lawyer, Advocate Puthige Ramesh to go through the Court's order passed in 2019 in which it was ruled that:

Bad condition of roads and footpaths, having potholes on roads, is a violation of Fundamental Rights of Citizens, guaranteed under Article 21, of the Constitution of India.

The petition will now be heard on April 15.



Share this article:



Leave a feedback about this
TRENDING NEWS


TOP STORIES

supreme-court-refuses-to-entertain-plea-for-stay-on-new-criminal-laws
Trending Judiciary
Supreme Court refuses to entertain plea for stay on new criminal laws

SC refuses plea to stay new criminal laws. Court deems the plea casual, noting laws aren't yet implemented. Petitioner withdraws. Laws effective from July 1, 2024.

20 May, 2024 12:58 PM
scba-election-result-2024-know-the-newly-elected-members
Trending Know The Law
SCBA Election Result 2024, Know the newly elected members

SCBA Election Result 2024: Senior Advocate Kapil Sibal elected President. Know the newly elected members and key office bearers leading the Supreme Court Bar Association.

20 May, 2024 03:03 PM
cannot-allow-the-game-of-hide-and-seek-for-committing-murder-of-an-unborn-child-mp-high-court
Trending Judiciary
Cannot Allow the Game of Hide and Seek for Committing Murder of an Unborn Child: MP High Court [Read Order]

MP High Court denies abortion for minor rape victim, condemns misuse of legal authority to terminate pregnancy and prevent justice.

20 May, 2024 03:52 PM
pune-porsche-hit-and-run-bail-granted-to-17-year-old-in-under-14-hours-asked-to-write-essay
Trending Judiciary
Pune Porsche Hit & Run: Bail Granted to 17 Year Old in Under 14 Hours, Asked to write essay

Bail granted to 17-year-old in Pune Porsche hit-and-run case within 14 hours. Conditions include educational tasks, supervision, and counseling. Incident killed two.

20 May, 2024 04:30 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email