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Pedestrian PIL status
Written By Sanjeev - 16 September, 2014
Bangalore BBMP Pedestrian Infrastructure footpaths Pedestrian PIL
PIL hearing was on 15th Sept'2014
HC: BBMP cannot neglect pedestrians
HC seeks report on implementation of Supreme Court’s directive on street vendors
The Karnataka High Court on Monday directed the BBMP to submit a report on how it has been implementing the Supreme Court’s 2009 directive on street vendors and also provisions of the newly enacted Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.
A Division Bench comprising Chief Justice D.H. Waghela and Justice Ashok B. Hinchigeri issued the direction while hearing a PIL petition on the poor condition of footpaths and encroachment of pedestrian ways.
The counsel for petitioners pointed out that street vendors had been given some protection by the SC through a series of guidelines issued in 2009. The earlier direction of the Court to evict encroachers without any notice was impacting the protection given to street vendors under the law.
The Bench questioned the BBMP on implementation of the law on street vendors, like identification of hawking zones, while making it clear that it could not neglect the right and safety of pedestrians while protecting the interests of hawkers.
http://www.thehindu.com/news/cities/bangalore/hc-bbmp-cannot-neglect-pedestrians/article6413642.ece
good to see court taking up the cause of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 where BBMP is doing damage to street vendors in the name of encroachment. Practically BBMP has not done any thing on the footpaths.
COMMENTS
lets know from the different citizens on the footpaths facility
Sanjeev - 16 September, 2014 - 18:31
Now PIL on Pedestrain safety has brought BBMP to its knee and lets keep the pressure so that BBMP will act with court directions
pavement in front of Iskcon temple :used for everything else but
Sanjeev - 23 September, 2014 - 21:26
The pavement in front of Iskcon temple on West of Chord Road, Rajajinagar is used for everything else but walking.
Many vehicles are parked on the footpath and the hotel next to Iskcon uses the pavement as parking space for its customers. Even visitors to Iskcon park on the pavement. Pedestrians are forced to walk on the main road.
The one-way rule on the road is also violated by vehicles entering Iskcon or proceeding towards Narayana Nethralaya which is next to Iskcon. Push cart vendors too set up shop blocking the pavement.
Iskcon attracts thousands of people and they are all forced to walk on the road risking their lives.
Even the bus stop next to Iskcon is not spared. Water tankers are parked here throughout the day. The absence of traffic police is conspicuous. They come here only when a VIP visits Iskcon.
http://www.deccanherald.com/content/432083/people039s-problems.html
Church Street and Crescent road
Sanjeev - 23 September, 2014 - 22:48
Church Street and Crescent Road Pedestrian facility in Prajavani paper. When will BBMP and so called educated citizens respect our own footpaths and pedestrian facility
BBMP wake up from sleep and come out of the evil ???
Sanjeev - 23 September, 2014 - 23:13
Substantive directions issued to BBMP by court
murali772 - 16 July, 2015 - 07:05
Even as PIL (WP 13731/2013 - Jenny Pinto and another vs. The State of Karnataka and others) is not active currently, due to transer of CJ, several directions hasve already been issued by the court, over the many hearings so far, which provide enough ammunition to local Civil Society/ RWA groups to move the counsillor and AE to do some real work. The more important directions are listed below:
1) All unauthorized encroachments, constructions and obstructions either temporary or permanent on the existing footpaths shall be removed without notice, within a period of three months, in exercise of the powers under Section 288-D of the Karnataka Municipal Corporation Act, 1976.
2) The BBMP shall also repair and make the unscientifically and improperly laid footpaths pedestrian-friendly as early as may be and latest by expiry of the period of six months.
3) The Chief Engineer of respective zones shall be responsible to carry out the above activities, in accordance with law, and ensure maintenance of the footpaths in a clean, clear and encroachment-free condition for smooth pedestrian traffic.
4) Individual and personal responsibility shall be fixed among the officers concerned of BBMP for construction, repair and maintenance of proper footpaths in particular zones, so as to make them liable for any failure on their part, dereliction of duty or injury or loss caused to any pedestrian on account of failure on the part of BBMP to keep the footpaths clear and in good repair.
5) As provided under the express provisions of Section 266 of the Karnataka Municipal Corporation Act, 1976, the Corporation is duty bound to cause the public streets to be maintained and repaired and make all such improvements thereto, as are necessary or expedient for the public safety and convenience.
6) Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 have come into force and the government is required to frame a scheme within six months after due consultation with the local authority and Town Vending Committee, for the matters provided in Schedule-II of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.
7) A permanent mechanism is required to be put in place so that complaints of the public are immediately addressed for removal of encroachments on the footpaths and immediate repair of the footpaths where they pose danger to the life or limbs of the people who have to use the footpath.
8) In case of any serious accident or injury to the pedestrians on account of encroachment on the footpath or the footpath having not been maintained in proper walk-able condition, criminal prosecution will have to be launched wherein the officer concerned of the municipal corporation should be named as one of the accused for negligence in discharge of his duties.
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