Public Needs To Be Educated Not To Use Footpath, Dedicated Track For Other Purposes: Madhya Pradesh High Court

Noting that at some places the general public is using footpaths for the purpose of parking, putting the signing board, or for business purposes, the Madhya Pradesh High Court recently said that the public needs to be educated not to use the footpath and dedicated track for other purposes.

This assertion came from the Bench of Justice Vivek Rusia and Justice Rajendra Kumar Verma which was hearing a Public Interest Litigation (PIL) plea seeking a direction to Indore Municipal Corporation and others to provide a dedicated way to the pedestrians, cyclists, and also the physically challenged persons by way of developing, designing and widening the roads in the city.

The prayers of the Petitioners

In total, 4 petitioners moved the Court seeking 21 reliefs by alleging that the State of MP, Indore Municipal Corporations, Commissioner, and District Collector of Indore aren't working in a planned manner to provide a proper footpath for pedestrians, a dedicated track for cyclists and a properly designated path to physically challenged persons in the city.

The petitioners placed reliance on the National Urban Transport Policy, 2014 issued by the Ministry of Urban Development, New Delhi mandating that non-motorized transport like walk, cycling, cycle rickshaw and NMT in each city of the State should be provided.

According to the petitioners, Indore Municipal Corporation as well as Indore Development Authority under Atal Mission for Rejuvenation and Urban Transformation (AMRUT) are bound to provide safe and dedicated track to cyclists in the city of Indore under the scheme of urban transportation.

The petitioners also filed photographs of the footpaths which are not being properly maintained or encroached by the local vendors by parking car, scooter, covering the area by signboard, etc.

On the other hand, the Indore Development Authority and Indore Municipal Corporation submitted that it has taken many such measures as being sought by the petitioners.

It was further submitted by the Indore Municipal Corporation that the footpaths are being encroached on by the public at large, therefore, the public itself is coming against the public interest. 

Court's order

The Court, at the outset, said that providing a dedicated track for cyclists within the city is not a statutory requirement and that there is only a recommendation under the National Urban Transport Policy, 2014 which has no statutory force and further, that under the AMRUT Scheme, IDA, as well as Municipal Corporation, has provided sufficient dedicated track to the cyclists.

"Footpaths have been constructed on both sides of roads but at some places the general public is using those footpaths for the purpose of parking, putting the signing board or for business purposes, therefore, the public itself is acting detrimental to the public interest. The public needs to be educated not to use the footpath and dedicated track for other purposes. So far as possible, the local bodies and Government authorities are controlling the traffic, removing the encroachment and providing basic amenities," the Court observed as it opined that no further direction is required in this case and disposed of the plea.

Case title - Cycle Yaatri Samooh and others v. Union of India and others
Case citation: 2022 LiveLaw (MP) 15

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