Pavement can't be used for any purpose other than allowing people to walk: Supreme Court

Satya Prakash

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Tribune News Service

New Delhi, July 14

Taking exception to roadside space being encroached upon in cities, the Supreme Court has said pavements and footpaths should be used only for allowing people to walk.

A Bench led by Justice AS Oka made the observation while deciding an appeal filed by the Delhi Development Authority (DDA) against a 2016 verdict of the Delhi High Court in a land acquisition case. “A citizen has lost his valuable property by way of compulsory acquisition. The compulsory acquisition has been made for a public purpose and, therefore, the appellant (DDA) and all the concerned authorities cannot allow the pavement to be used for any purpose except for allowing people to walk,” the top court said.

The Bench, which was peeved to see the photographs of a metro depot that showed a part of pavement abutting the facility has been occupied by a ‘car clinic’ and other vendors, expressed hope and trust that either the DDA will take immediate action or call upon the authorities empowered to do so in accordance with the law.

While allowing the DDA’s appeal, it asked the authorities concerned to take serious note of the observations made by it and take necessary action. It imposed costs of Rs 50,000 on the DDA in view of its conduct.

The Bench was deciding an appeal against the high court’s verdict had held that sub-section (2) of section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 will apply as compensation has not been paid to the man who had questioned the acquisition of his land despite the DDA having taken the physical possession.