Footpath strictly meant for walking, cannot be encroached upon: Delhi High Court

Footpaths are strictly meant for walking by pedestrians, observed the Delhi High Court recently while refusing to restrain the demolition of certain jhuggies (shanties) flagged as encroaching on public footpaths [Lohar Basti Lal Bagh Azadpur Vikas Samiti v. DDA and Ors].

Justice Jasmeet Singh was dealing with a plea by the Lohar Basti Lal Bagh Azadpur Vikas Samiti, a residents group of basti (shanty) dwellers in Delhi.

They had challenged a demolition notice that threatened the removal of their bastis.

The Court, however, refused to grant them any immediate relief after noting that the group had constructed bastis/ jhuggies on the footpath. It held that such encroachment on footpaths cannot be permitted.

“Footpaths are made for walking and strictly for the pedestrians to avoid traffic on the roads. Footpaths cannot be encroached upon. For the said reasons, I am not inclined to entertain the petition,” the Court said.

The petitioner group was seeking quashing of a demolition notice issued by the Public Works Department on August 7. In the notice, it was observed that the dwellers had illegally encroached upon government land by constructing jhuggies and were carrying out various trades.

The petitioner group sought the conduct of a survey of the residents of the basti to determine their eligibility for rehabilitation. It had also sought interim directions to stay the demolition notice until such rehabilitation measures are taken.

The Court declined to quash the demolition notice. However, it has ordered the Public Works Department to consider the petitioner’s representation on the issue within four weeks.

The Court added that the petitioner is not entitled to any other reliefs other than a decision on its representation.

Standing Counsel Shobhana Takiar appeared for the DDA. .

Panel Counsel Raghvendra Upadhyay, and advocates Purnima Jain, Madhur, Pushti Gupta, Garvil Singh, Pradumn Gautam, Kuljeet Singh, Anuj Chaturvedi, Richa Dhawan, Yashita Jain and Sahil Bhaskar appeared for Delhi government.

Advocate Pushti Gupta represented DUSIB.

[Read order]