Despite repeated directives from the Supreme Court and the Gujarat High Court declaring footpaths as exclusively for pedestrians, encroachments continue unabated across the state, especially in Ahmedabad. Pavements remain clogged with hawkers, food stalls, and temporary structures, ignoring clear judicial orders.
In a recent hearing, a Supreme Court bench of Justices Abhay S. Oka and Ujjal Bhuyan took serious note of petitions demanding obstruction-free footpaths, particularly for persons with disabilities. The bench instructed all state governments and union territories to implement policies ensuring accessible pedestrian pathways and submit compliance reports. The Court also sought a detailed response from the Central government.
The judges emphasized that footpaths are a vital part of citizens’ right to life under Article 21 of the Constitution. They highlighted that the absence of safe pedestrian routes forces people onto roads, increasing the risk of accidents. Citing a Bombay High Court ruling, the Court reaffirmed that access to safe footpaths is a constitutional right that cannot be denied.
Encroachments Rampant in Ahmedabad
On the ground, however, little has changed. Ahmedabad’s streets and pavements remain overcrowded with street vendors, tea stalls, and temporary eateries. Officials admit that neither the Amdavad Municipal Corporation (AMC) nor the traffic police have reliable data on the scale of encroachments.
Attempts to clear pathways face repeated setbacks. Sources allege that vested interests and informal payments to local officials have allowed encroachments to flourish. Crackdowns often fail due to corruption, political interference, or selective enforcement.
Legal Experts Call It Contempt of Court
Lawyers point out that continued violations amount to contempt of both Supreme Court and High Court directives. “The Supreme Court and High Court orders remain on paper while pedestrians, especially the elderly and disabled, continue to suffer,” said one legal expert.
Over the past eight years, multiple petitions have sought permanent removal of hawkers and stalls from footpaths. Although the matter frequently arises in court hearings, authorities have largely avoided stringent action, causing prolonged delays and minimal change on the ground.
Fresh Directions from the Supreme Court
Reiterating its stance, the Supreme Court has issued fresh instructions for all states to align their policies with the Bombay High Court’s ruling on pedestrian rights. The Court made it clear that footpaths must remain accessible and free from encroachments, reaffirming the constitutional guarantee of safe movement for all citizens.