Future Generations Won't Have Walkable City: Kerala High Court Issues Directions To Address Perils Of Pedestrians

The Kerala High Court on Thursday issued a slew of directions addressing the concerns of pedestrians on roads.

"The lives of citizens particularly pedestrians are in peril every moment and this has to change very very rapidly, lest the next generation will find this City and our State to not be capable of being walked upon", Single Bench of Justice Devan Ramachandran remarked. 

The order comes in light of an 11-year-old boy in Mundamveli getting caught on a low hanging cable while cycling, resulting in injuries. This incident occurred within hours of a lawyer being thrown off his motorcycle and fracturing his leg while trying to avoid a low hanging cable at Ravipuram. 

At the outset, the Court noted that even though such instances had been dealt by it in the past, their recurrence indicated that the system was not responding in the manner in which the Court wanted it to. 

Secretary to Kochi Corporation, Babu Abdul Khader informed the Court that his team had been taking earnest efforts to remove overhanging cables. However, he stated that they were incapacitated due to cables maintained by Kerala State Electricity Board. He explained that as regards the cables put up by entities on posts authorized by the Corporation, there was hardly any violation; however, with respect to KSEB posts, the situation was extremely uncontrolled. He pointed that most of the accidents brought to Court's notice were on account of cables running along KSEB posts.

When the Court questioned the Standing Counsel of KSEB A. Ramkumar about the same, he submitted that immediate steps had been taken by the Board, and that the same would be continued to identify each of the cables and to remove all which were unauthorized and dangerous.

Senior Government Pleader S. Gopinathan told the Court that the Deputy Commissioner of Police, Kochi, had already started a drive to ensure that pedestrian footpaths were cleared of traffic, and that an action taken report had also been placed on record. He added that as regards pedestrian crossings, steps had already been initiated, taking cue from certain other directions of the Court, and that the same would also be reported without any delay. 

Mr. Rangadasa Prabhu, President of Apex Council of Residents Association in Ernakulam District was also personally present before the Court. He submitted that even though the residents associations want to be actively involved, they were incapacitated as they did not know the avenues for them to approach in case of a problem.

Additionally, Senior Advocate Nandakumar, appearing for Airtel submitted that even though his clients had put up the cables in terms of law, they were now being threatened with its disconnection, and prayed for orders similar to that had been issued for BSNL on August 31, 2022. 

"As regards overlying cables, it is necessary that everyone of them be properly identified and tagged. It is conceded that this is a requirement in the contracts entered into by entities with either the KSEB or the Corporation. If such cables are not identified and tagged within the time frame, certainly, whoever it be, it requires to be removed peremptorily. Relating to footpath areas, this Court has already envisioned a project by name of Operation Footpath. But, on account of various other intervening developments, this perhaps has not obtained the attention that it normally should have received...The open drains in the City of Kochi, particularly in the main roads, are also a cause of a worry and there is a blame game going on with respect to it. Similar is the case of pedestrian crossings, all which again boils down to the issue relating to safety of pedestrians. The speeding of buses and reckless driving as I have said above, has been a perennial cause of worry for citizens of this State, for the last several years. I therefore deem it appropriate that certain preliminary orders be issued today, so that it can be taken forward in the days to come", the Court observed.

It issued the following directions:

A. KSEB and Cochin Corporation To Identify, Tag Every Cable Running Through Its Posts

KSEB is directed to ensure that every cable running through its posts be identified and tagged within a period of 10 days. "If there is any cable which is not so tagged or identified, steps shall be taken from the 11th day from today to remove them, but without keeping any vestiges on their posts which would cause visual pollution to the greatest extend", the Court added. 

The Court also directed Kochi Corporation to identify and tag all cables running through the poles authorized by them, within the aforementioned time, and remove them in the same manner. 

The Corporation's Secretary has been authorized by the Court to act with respect to any cable in the city, whether it be on the KSEB posts or on those authorized by the Corporation, after the aforementioned deadline. "Should he find any problem in doing so, he will be at liberty either to approach this Court directly, or to bring to the notice of this Court through the learned Amici Curiae", it said. 

The Court went on to add that the above directions would not apply in case of a dangerously hanging cable, which shall be removed peremptorily, without having to wait for it to be identified or tagged. "Doesn’t matter who it or where it is; if its hanging down, cut it off," the Court orally remarked. 

B. The Court took note of the report of the Deputy Commissioner of Police that a dedicated number has been established, and directed that the said number be displayed on both the rear and front side of every bus (at least on rear side) within the next two weeks. "It shall also be ensured that this number remains on the bus forever and that it has a size which is sufficient for any citizen to read it at least from 10-15 metres away," the Court directed. 

C. 15 days extension is granted to Kochi Corporation's Secretary to cover all open pits.

D. As regards the footpaths, the Court directed the Commissioner of Police and personnel under it to ensure that all unauthorized parking at least on main roads are stopped peremptorily, and action is taken against drivers, including to seize the vehicles at least on the second instance of violation. "Necessary penalties and invocation of penal provisions shall be done without any reservation. A report in this regard shall be made available by the next posting date," the Court added. 

E. The Court further directed that the residents association of the district/other places of the State be given a dedicated number with each of the local self government institutions to make their voices heard, either in the case of overhanging cables, or such other issues plaguing the public, particularly the pedestrians. "This is intended to empower the residents association and to make sure that the authorities are made accountable for any complaint that they may bring to their notice in the future," it was added. 

The Court also requested the Amici Curiae to ensure that the above directions are complied with, and granted them liberty to coordinate with the various stakeholders including the Kochi Corporation, KSEB , police, and such others, for which purpose the said authorities were also directed to give them full cooperation, and assistance.

Case Title: Pauly Vadakkan v. Corporation of Cochin