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..A Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice S Vishwajith Shetty made this observation while issuing notice on a petition moved by Letzkit Foundation. ."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 said in its order. .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," said the Bench..The Court further suggested petitioner's lawyer, Advocate Puthige Ramesh to go through the Court's order passed in 2019 in which it had 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 has contended that footpaths on most roads, except for some in the Central Business District (CBD), are not walker-friendly and are encroached..It further said that encroachment of structures on footways are done not only by residents but also by statutory authorities including Police..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 petition has been listed for hearing next on April 15..[Read Petition].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
