Case Note & Summary
The petitioner, D.S. Ramachandra Reddy, an advocate, filed a public interest litigation under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru. The petition sought directions to the respondents, including the Commissioner of Police, Bruhat Bangalore Mahanagara Palike (BBMP), and the State of Karnataka, to clear all encroachments on footpaths in Bangalore city, particularly on South End Road, Malleshwaram, and Sirur Park Road, Sheshadripuram. Additional prayers included making a particular street one-way and ensuring erection of road signals. The court heard the petitioner's counsel, the Additional Government Advocate for respondents 1 and 3, and the counsel for respondent 2. Compliance reports were filed, and as per an earlier order dated 18th January 2021, the Member Secretary of the District Legal Services Authority (DLSA), Bengaluru, visited the subject street and submitted a report. The court noted that the DLSA report indicated the need for removal of encroachments. The court directed the respondents to remove all encroachments on the footpaths and maintain them free of encroachment. The second respondent (BBMP) was directed to take necessary action and file a compliance report within four weeks. The DLSA was requested to monitor the compliance and submit a report. The petition was disposed of with these directions.
Headnote
A) Public Interest Litigation - Encroachment on Footpaths - Removal of Encroachments - Constitution of India, Article 226 - The petitioner, a member of the Bar, filed a PIL highlighting encroachments on footpaths in Bangalore city. The court, after considering compliance reports and a visit by the Member Secretary of the District Legal Services Authority, directed the respondents to remove all encroachments and maintain footpaths free of encroachment, with monitoring by the DLSA. (Paras 1-4) B) Municipal Law - Duty of Municipal Authorities - Maintenance of Public Streets - Karnataka Municipal Corporations Act, 1976, Sections 288, 289 - The court held that it is the duty of the municipal corporation to ensure that footpaths are free from encroachments to protect pedestrian rights. The court directed the second respondent to take necessary action and file compliance reports. (Paras 2-4) C) Constitutional Law - Right to Pedestrian - Right to Life - Constitution of India, Article 21 - The court recognized that pedestrians have a right to safe and unencumbered footpaths, which is part of the right to life. The court directed removal of encroachments to ensure pedestrian safety. (Paras 2-4)
Issue of Consideration
Whether the encroachments on footpaths/footways in Bangalore city, particularly on South End Road, Malleshwaram and Sirur Park Road, Sheshadripuram, are illegal and need to be removed, and whether the respondents should be directed to prevent future encroachments and ensure road signals.
Final Decision
The court disposed of the writ petition directing the respondents to remove all encroachments on the footpaths and maintain them free of encroachment. The second respondent (BBMP) was directed to take necessary action and file a compliance report within four weeks. The District Legal Services Authority was requested to monitor compliance and submit a report.
Law Points
- Public Interest Litigation
- Encroachment on public property
- Duty of municipal authorities
- Pedestrian rights
- Compliance monitoring by District Legal Services Authority
