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'Footpaths Are Not Dumping Grounds': Bombay HC Orders PMC To Relocate Fuse Boxes, Remove Footpath Obstructions
Moneylife Digital Team 08 April 2025
Public Interest
In a significant boost for pedestrian rights, the Bombay High Court has delivered a stern rebuke to the Pune Municipal Corporation (PMC), directing it to uphold its statutory obligations to ensure safe and obstruction-free footpaths in the city. The order comes in response to a public interest litigation (PIL) filed by civic activist Qaneez Sukhrani.
 
In an order issued last week, the division bench of chief justice Alok Aradhe and justice MS Karnik unequivocally stated, "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 for the basic facilities to the pedestrians to move freely, have a safe passage on the footpaths and pedestrian crossings and to take all possible measures to make the footpaths safe for the pedestrians."
 
In the PIL, Ms Sukhrani cited rampant encroachments, obstructions and even life-threatening installations on footpaths across Pune. The PIL was prompted by recurring violations and tragic incidents, including a recent fatal electrocution in Balewadi allegedly due to exposed electrical fuse boxes on pavements.
 
While PMC claimed that the fuse boxes belonged to the Maharashtra State Electricity Distribution Company Ltd (MSEDCL) and had existed for over 30 years, the High Court firmly rejected the argument.
 
"We do not appreciate this stand of the Corporation," the bench says. "The safety of the pedestrians using footpaths cannot be compromised. Only because installation of fuse boxes at common places such as the footpath is preferred by electricity companies for smooth functioning of their service, cannot be a valid ground to deprive the right of pedestrians."
 
The Court further directed the PMC to ensure the relocation of all obstructions, including fuse boxes and emphasised the need for user-friendly footpaths accessible to senior citizens and the differently abled.
 
"We make it clear that the area designated as a footpath must be kept clear from all obstructions and maintained in a condition that is user-friendly to the pedestrians," the judges ruled.
 
In a significant step towards institutional accountability, the Court also ordered the establishment of a grievance redressal mechanism. PMC must evolve a system that allows the public to easily report footpath-related issues and respond with prompt corrective action.
 
The order mandates wide publicity of this mechanism in all major newspapers and the appointment of dedicated officials to attend to complaints.
 
Commenting on the HC order, Ms Sukhrani says, "Even though PMC says that construction of footpaths is according to Indian Roads Congress (IRC) norms 103 of 2012 and pedestrian policy, majority of places, it is not. Even if it is, misuse after construction by encroachers and obstructions is of prime importance."
 
Advocate Satya Muley, who represented Ms Sukhrani, called the court order 'a welcome and necessary intervention'.
 
"People in Pune are forced to come on the streets or seek legal remedies for basic amenities like footpaths, water, and sanitation. This reflects a complete collapse of municipal administration," advocate Muley says.
 
He warned that failure by PMC to implement the order may prompt future legal action.
 
The Court reminded PMC of its constitutional duties under Article 243(W) and Schedule XII of the Indian Constitution which obligate local bodies to develop civic infrastructure ensuring pedestrian mobility through footpaths, subways, zebra crossings and more.
Comments
mohansiroya
1 year ago
Well the case is of Pune but the law is defined by the High Court which will equally apply to Mumbai. Will the authorities care for the smooth upkeep ,encroachment free Foot paths? I firmly say they do not have the will. Take the widening of Foot paths on Andheri Kurla Road between J B Nagar and Airport Road Metro stations. All the space is encroached by vendors and stall holders who prepare food items in open. People eat drink and all other business of polluting the area goes on. But the real brunt is faced by the elders who are unable to walk safely. Further, walking for seniors become dangerous as the two wheelers gleefully ply on foot paths even on wrong side of traffic moving on the road. BMC and Traffic police authorities are well aware of this. Perhaps it will need another PIL in Bombay High Court to get results.
Reply
iaminprabhu
1 year ago
I think the CJ of ALL HC & Session courts must be taken for 1-2 KMS WALK EVERY WEEK on all footpaths,

outside every RAILWAY STATION in MMR to realize reality faced by "Pedestrians, specially Senior Citizens - Women - Children"!

Such Judgements are of little relevance when PEDESTRIAN RIGHT to Footpaths are trampled in EVERY WARD of BMC, TMC, KDMC so called State capital !
Reply
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