High Court of Karnataka

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.