The Karnataka court has held that it's the duty of the authorities to make sure that the footways and public streets are kept free from obstructions it's also their responsibility to make sure that violations of the aforesaid provisions of the law aren't taken casually and law is promptly set in
A division bench of judge Abhay Oka and Justice Suraj Govindaraj, counting on the order gone by the court on 31st July 2019 in W.P.No.42927/207/2015, said "This Court has held that a right to possess streets including footways during a good and reasonable condition will need to be held as an important a part of the elemental rights conferred upon citizens as article 21 of the constitution.it is also their responsibility to make sure that law is promptly set in motion against offenders and violators.
A Division Bench comprising judge Abhay Oka and Justice Suraj Govindaraj, counting on the order gone by the Court said, “This Court has held that a right to possess streets including footways during a good and reasonable condition will need to be held as an important a part of the basics rights conferred on the citizens under Article 21 of the Constitution of India. If the footways or public streets are encroached upon in any manner including by parking of vehicles, it'll amount to a violation of fundamental rights guaranteed under Article 21 of the Constitution of India as held by this Court”.
The Court also directed the government and therefore the Traffic local department to form effective
e implementation of the provisions under Sections 117, 118, 122, 127 177A, 201 of the Motor Vehicles Act, 1988 and take strict actions against such violators.
Further, the Court directed the government also because the BBMP to issue directions to its officers for effective implementation of the above directions within a period of six weeks.
The Court opined that “Non-implementation of the aforesaid provisions which we've discussed within the body of the judgment may even amount to a violation of the right to life guaranteed to the citizens under Article 21 of the Constitution of India”.
The Court while making special regard to Section 18 of the Karnataka Control Act of 1960 said, “This may be a legislation of 1960. We hope and trust that the Legislature will consider whether Section 18 needs an amendment for providing for stringent punishments”.
The Order was passed while removing a petition filed by Advocate D. S. Ramachandra Reddy that urged attention of the Court to the obstructions made on footpaths, footways especially locations in Bengaluru city. He also pleaded for directions of the Court to form a specific street one-way and make sure the erection of all road signals