'Dearth Of Space For Morning Walkers': High Court Orders Reserving Nainital's Lower Mall Road For Pedestrians B/w 6-8 AM Every Day

Noting that there is a "grave dearth" of space/areas for people to go for a morning or evening walk in the state, especially in the city of Nainital, the Uttarakhand High Court last week directed the State government to reserve the Lower Mall Road in the city only for pedestrian movement between 06:00 AM to 08:30 AM every day.

The order was passed by Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal suo moto cognizance of a video featuring cricketer Virat Kohli where the issue of lack of space and opportunity in the state for children to play outdoor sports was raised.

In its order passed on Wednesday, the Court noted that apart from the lack of sports facilities for children and youths in their colonies, there is also a grave dearth of areas for people to go for a morning or evening walk in the state.

The Court noted that in Nainital itself, there is hardly any area, where people can walk, without running the risk of accidents, and without having to face vehicular pollution caused by fumes and horns.

"Our experience has shown that the Mall Road in Nainital, which is in two parts – Upper and Lower, is such that the Upper Mall Road is wide enough to cater to the needs of the traffic in the early hours of the day," the court remarked.

In this regard, the Court pondered that Lower Mall Road can be reserved for pedestrians and morning walkers up to 08:30 AM because Schools start functioning only from 09:00 AM.

In view of this, the Court ordered that the Lower Mall Road shall be reserved only for pedestrian movement between 06:00 A.M. to 08:30 A.M. every day. The Court directed that no vehicle or other mode of transportation shall be permitted to ply on the Lower Mall Road during these hours.

Furthermore, the Court directed the state to widely publicize this fact so that pedestrians and morning walkers are in a position to avail of the facility. The District Magistrate, Nainital and Police Authorities have been tasked to ensure strict compliance with the Court's order.

Case Title: Suo Moto PIL: In the matter of “Let The Children Play” by increasing the facilities of sports v. Principal Secretary, Department of Women Empowerment & Child Development and others [Writ Petition (PIL) No. 147 of 2023]

Click Here To Read/Download Order