Stating that the safety of pedestrians cannot be compromised, the Bombay High Court recently directed the Pune Municipal Corporation (PMC) to remove all obstructions on footpaths, including electric fuse boxes, and to set up a grievance redressal mechanism for citizens to register complaints on damaged or encroached footpaths.
Hearing a Public Interest Litigation (PIL) filed by civic activist Qaneez Sukhrani, the bench of Chief Justice Alok Aradhe and Justice M S Karnik stated on April 3 that it was the statutory responsibility of the PMC to provide basic facilities to pedestrians to move freely, have a safe passage on footpaths and pedestrians crossings, and to take all possible measures in this regard.
The court stated: “We make it clear that the area designated as footpath must be kept clear from all obstructions and maintained in a condition that is user-friendly to the pedestrians which include senior citizens and differently abled persons. The utilities created for better services to the residents of the city may have its own significance, but it cannot be at the cost of pedestrians.”
The Indian Express had highlighted the issue of poor footpaths in Pune and safety issues affecting pedestrians crossing the road. In a series of reports, it was pointed out that the footpaths were in poor condition and encroachments made it difficult to use them. Similarly, poor infrastructure meant that citizens struggled to cross roads.
The PMC argued that the fuse boxes situated on footpaths belong to the power utility Maharashtra State Electricity Distribution Company Ltd (MSEDCL) and have existed for a long time in the state’s urban areas. It added that electricity and telecom companies prefer to install fuse boxes at common places like footpaths to ensure smooth services and regular maintenance work.
The court, however, stated, “We do not appreciate this stand of the PMC. The safety of the pedestrians using footpaths cannot be compromised. Only because installation of fuse boxes at common places as the footpath is preferred by electricity companies for smooth functioning of their service… (it) cannot be a valid ground to deprive the right of the pedestrians to use the footpath.”
It added, “We direct the PMC to ensure and devise measures to relocate fuse boxes and all obstructions expeditiously in a manner which does not obstruct the use of the way designated on a footpath.”
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The high court further directed the PMC to establish a grievance redressal mechanism for the convenience of the pedestrians and those having any issues with respect to obstacles or obstructions that come in the way of pedestrians.
“PMC should put the grievance redressal mechanism in place at the earliest and provide to the general public the helpline number where the grievances can be raised. The PMC is directed to evolve a mechanism and appoint the officials who will immediately attend to these complaints and take prompt action against the encroachments or pedestrian-related issues,” it said.
The petitioner, Sukhrani, had stated that even though the civic body claims that construction of footpaths is according to norms and pedestrian policy, it was not found to be so in most places. Misuse by encroachers and obstructions was highlighted as another chief concern as they make it difficult even for physically fit persons to use footpaths.
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