No exception to god or people under law, says High Court

July 10, 2014 12:15 am | Updated 12:15 am IST - Bangalore

“There is no exception to god, people or anyone. Law is the same for all when it comes to removal of footpath encroachments…,” observed the High Court of Karnataka on Wednesday.

The court pointed out that children were being killed in road accidents as they were forced to walk on roads because of footpath encroachments.

“Is the idol installed on the footpath important or the life of children,” the court asked.

A Division Bench comprising Chief Justice D.H. Waghela and Justice H.G. Ramesh made these oral observations, when counsel for the Bruhat Bangalore Mahanagara Palike (BBMP) pointed out that temples and idols were among the footpath encroachments in the city.

Details sought

Based on the earlier direction by the court, the BBMP Commissioner had sought details from chief engineers of all eight zones on the existence of footpaths, their status (unscientific or pedestrian unfriendly), roads where no footpaths exist, and instances and nature of footpath encroachments, counsel said.

While six zones had submitted details, reports from two zones were expectedly shortly, counsel said and added that the BBMP had fixed different deadlines to clear encroachments depending upon the type — movable and immovable.

“What prevents you from removing encroachments,” the Bench asked when counsel said that removing immovable encroachments such as temples took more time as the BBMP had to issue notice to encroachers.

Earlier, counsel said that the executive engineers and assistant executive engineers of the respective wards had been made accountable to keep vigil on footpaths and clearing encroachments.

PIL

The Bench was hearing a public interest litigation petition filed last year by Jennifer Pinto and Priya Rao, seeking directions to the authorities to clear footpaths for pedestrian safety.

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