New Delhi: Supreme Court Monday asked the Centre to identify five cities across the country for starting a pilot project to ensure properly demarcated and encroachment-free footpaths wherever there is a road.
A bench of Justices P S Narasimha and Alok Aradhe also directed the Centre to identify an authority that would be responsible for implementing the directions.
In a significant verdict delivered June 19, the top court had held that the right to walk on a demarcated footpath is a fundamental right.
During the hearing Monday, the bench told Additional Solicitor General K M Nataraj, who appeared for the Centre, that the authority that would be responsible for ensuring a footpath wherever there is a road should have the requisite space, funds, infrastructure and manpower to do the work entrusted to it.
“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 told the law officer.
Nataraj said he would apprise the bench about it.
“We direct the Union of India to identify an authority which would be responsible for implementing the need for establishing footpaths,” the bench said.
“We are also of the opinion that five towns could be identified where we can start a pilot project of provisioning footpaths wherever roads exist,” it said.
The bench posted the matter for hearing after three weeks.
While hearing the matter August 24, the top court had said that the existence of footpaths was an integral part of human life.
It had directed all the states and Union territories to respond on the implementation of its directions for properly demarcated, encroachment-free spaces for pedestrians.
The top court is dealing with a case on ensuring properly demarcated footpaths wherever there is a road.
The apex court had earlier said that a citizen’s fundamental right to walk on a demarcated footpath is primary and shall have priority over movement by motorised vehicles.
The declaration by the court came in an unfortunate motor accident compensation case, in which a man lost his five-year-old son while taking him to school.
“The right to walk is a fundamental right under Part III of the Constitution. It is integral to the right to movement guaranteed under Article 19(1)(d), read with Article 19(1)(a), Article 19(1) (b), Article 19(1) (c) and Article 21 of the Constitution of India. The fundamental right to walk will take within its sweep the right to demarcated footpaths. These rights are primary and shall have priority over movement by motorised vehicles,” it had ruled.
It had held that the fundamental right to walk on demarcated footpaths has a correlative duty and “if the road exists, there is a duty to ensure that there are demarcated and well-maintained footpaths for walkers”.
It had directed the top court 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 as parties in the matter.
