Bombay High Court directs Pune civic body to keep all footpaths obstruction-free
The order, issued on April 7, came in response to a Public Interest Litigation (PIL) filed by civic rights activist Qaneez-e-Fatimah Sukhrani in 2023, who highlighted widespread encroachments, unsafe footpaths, and barriers across the city that hamper pedestrian movement
In a significant development, the Bombay High Court has directed the Pune Municipal Corporation (PMC) to keep all footpaths free of obstructions and ensure they are maintained in a manner that is friendly to pedestrians, including senior citizens and persons with disabilities.
The order, issued on April 7, came in response to a Public Interest Litigation (PIL) filed by civic rights activist Qaneez-e-Fatimah Sukhrani in 2023, who highlighted widespread encroachments, unsafe footpaths, and barriers across the city that hamper pedestrian movement.
The division bench, comprising Chief Justice Alok Aradhe and Justice MS Karnik, observed: “There cannot be any doubt that it is the statutory responsibility of the PMC, in the matter of urban planning and execution of development plans, to provide basic facilities for pedestrians—to move freely, have safe passage on footpaths and pedestrian crossings, and to take all possible measures to make footpaths safe for public use.”
The court further stated: “We make it clear that the area designated as a footpath must be kept clear of all obstructions and maintained in a condition that is user-friendly for pedestrians, including senior citizens and differently abled persons. Utilities created for better services to residents may have their significance, but not at the cost of pedestrian rights.”
The PMC has been directed to devise and implement measures to relocate fuse boxes and other obstructions on footpaths “expeditiously, in a manner that does not hinder pedestrian movement.”
“We do not appreciate this stand of the corporation. The safety of pedestrians using footpaths cannot be compromised. Convenience of service providers cannot override the rights of pedestrians,” the bench said.
Abhijeet Kulkarni, PMC lawyer, said, “Every endeavour is made to maintain footpaths and ensure that the rights of pedestrians are not compromised. In case specific instances are brought to the notice of the corporation, it is assured on instructions that the same will be immediately attended to and the issue resolved.”
Sukhrani said, “PMC claims that footpaths are constructed as per Indian Road Congress (IRC) norms 103 of 2012 and the pedestrian policy, but in most locations, this is not followed. Even where norms are met during construction, they are later rendered useless due to encroachments.”
She added that while the court has directed PMC to establish a grievance redressal mechanism and publicise it, the civic body must also publish a list of responsible officers and their contact numbers on its website.
“PMC should hold quarterly meetings with the petitioner and all additional municipal commissioners and deputy municipal commissioners to review progress,” said Sukhrani.
