Daily Orders of the Case Number: WP 13731/2013 for
the date of order 23/07/2014 Honble Justice CHIEF JUSTICE AND H.G.RAMESH 23/07/2014 Order in WP 13731/2013 The petitions are filed in public interest on account of lack of or deficiency in facilities for pedestrians in the metropolitan city of Bangalore.
2. During the course of hearing, it was fairly conceded by learned counsel for Bruhat Bangalore Mahanagara Palike (BBMP) that not only for people with disabilities but even for ordinary pedestrians, the footpaths are either not made or not in proper repair for able bodied persons to walk upon them and avoid walking on the main road which is extremely hazardous, on account of phenomenal growth in the number of vehicles plying on the roads. It was also conceded that even the footpaths which have been built over the years, are either not of sufficient width or they are encroached upon for multifarious activities including dumping of wastes and running of sewage lines. It could not also be disputed that this was not only a health-hazard but increase the number of road accidents, maiming or mutilating innocent pedestrians, which include children and people of old age. Under the circumstances, the petitions have been entertained and interim order dated 07.02.2014 was made as under; _ Hearing is adjourned to 17.02.2014 at the request of learned counsel Sri.K.V.Narasimhan, appearing for BBMP for submitting the proposed affidavit in respect of the steps being taken for clearing the foot paths on the main roads in Bangalore of all kinds of encroachments._
3. During the course of subsequent hearing, BBMP was required to furnish plans of the city showing main roads on which footpaths were existing and the main roads on which footpaths were yet to be built. Instead of supplying any such information and complying with the above order, BBMP has chosen to submit a memo of submission today, inviting directions from the court for carrying out certain improvements within a period of six months. The performance and approach of BBMP hardly inspires confidence, and therefore, it was requested by learned counsel for the petitioners that petitions may not be disposed in terms of the directions invited by the BBMP.
4. Under the circumstances the BBMP is directed, in terms of the directions invited by it, that all unauthorized encroachments, constructions and obstructions either temporary or permanent on the existing footpaths shall be removed without notice, within a period of three months, in exercise of the powers under Section 288-D of the Karnataka Municipal Corporation Act, 1976 (_Act_ for short). The BBMP shall also repair and make the unscientifically and improperly laid footpaths pedestrian-friendly as early as may be and latest by expiry of the period of six months. Wherever the footpaths are not laid, it shall be the duty of the Chief Engineer to identify those areas and the main roads passing through such areas, so as to make proposal for laying of proper footpaths, with estimate of the expenses involved, to the Commissioner of BBMP. The Chief Engineer of respective zones shall be responsible to carry out the above activities, in accordance with law, and ensure maintenance of the footpaths in a clean, clear and encroachment-free condition for smooth pedestrian traffic.
5. We deem it proper to add that the suggestions made on behalf of the petitioners in the memo submitted today and by respondent No.10, shall be taken into consideration and individual and personal responsibility shall be fixed among the officers concerned of BBMP for construction, repair and maintenance of proper footpaths in particular zones, so as to make them liable for any failure on their part, dereliction of duty or injury or loss caused to any pedestrian on account of failure on the part of BBMP to keep the footpaths clear and in good repair. It would be open for the BBMP to decide upon the issue of providing railings or other protective system at the cross roads near the zebra- crossing for the pedestrians to cross the roads in a safe manner. As provided under the express provisions of Section 266 of the Act, the Corporation is duty bound to cause the public streets to be maintained and repaired and make all such improvements thereto, as are necessary or expedient for the public safety and convenience.
6. The matter shall be listed on 08.09.2014 for further hearing and reporting progress on the part of BBMP. In the meantime, learned counsel for the BBMP is requested to provide the condensed map of the city showing main roads on the sides of which footpaths are provided and required to be repaired and maintained and the main roads which do not have any footpaths at all. Copies of such maps shall be provided to other learned counsel as well. 7. Learned Additional Government Advocate submitted, on instruction, that the traffic police or other officers posted at various traffic junctions and on roads shall co-operate with and co-ordinate the efforts to be made by BBMP for ensuring that the footpaths are kept clean, free of encroachments and in good repair and the pedestrians_ traffic is properly regulated.
High Court of Karnataka Daily Orders of the Case Number: WP 13731/2013 for the date of order 22/09/2014 Honble Justice CHIEF JUSTICE AND ASHOK B HINCHIGERI 22/09/2014 Order in WP 13731/2013 WP No.13731/2013 & WP No.14596/2013
1. Pursuant to the previous orders, learned counsel Mr.K.V.Narasimhan appearing for Bruhat Bangalore Mahanagara Palike (BBMP) has placed on record, affidavit of the head of legal cell and also submitted voluminous data which is required to be studied by learned counsel for the petitioners.
2. Learned counsel Mr.K.V.Narasimhan pointed out that BBMP is likely to face legal and practical difficulties in removing all the encroachments on the existing footpaths, on account of the claim of hawkers who might have established themselves only on account of selling their wares for a number of years at one place. Learned counsel pointed out the directions issued by the Apex Court in Maharashtra Ekta Hawkers Union and Another v. Municipal Corporation, Greater Mumbai and others (2014) 1 SCC 490. It was also pointed out that by now, with effect from 05.03.2014, the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (for short _the Act_) have come into force and the government is required to frame a scheme within six months after due consultation with the local authority and Town Vending Committee, for the matters provided in Schedule-II of that Act. Having regard to that aspect of the matter, learned counsel Mr.K.V.Narasimhan submitted that necessary procedure for making such scheme was initiated and on 27.09.2014 a meeting is called of the officers concerned of the State Government and the BBMP.
3. Accordingly, the earlier directions issued herein are required to be implemented keeping in view and without violating the provisions of the Act. Hearing is adjourned to 21.10.2014 for further order.