Right To Walk Is A Fundamental Right: PIL In Gujarat High Court Demands Encroachment-Free Footpaths Across Ahmedabad
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Summarized by AI; it may make mistakes. Check important info
A Public Interest Litigation (PIL) has been filed in the Gujarat High Court urging strict directives to clear illegal encroachments from footpaths across Ahmedabad, bringing the long-neglected safety of pedestrians into sharp judicial focus. Filed by local resident Sarvarkhan Dilavarkhan Pathan, the petition highlights how widespread illegal constructions, commercial activities, private parking, and dumped building materials have forced pedestrians off pavements and onto busy roads, exposing them to grave accident risks.
Despite multiple representations submitted to the Ahmedabad Municipal Corporation (AMC), local police authorities, and elected representatives between February 2025 and July 2026, the administration failed to initiate effective corrective action, prompting the petitioner to approach the High Court.
Pedestrian Safety Guaranteed Under Article 21
The petition places strong reliance on landmark judicial rulings, including the Supreme Court's order dated 19 June 2026 and the historical Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan (1997) precedent. It argues that the right of citizens to walk on clear, properly demarcated footpaths forms an integral component of the fundamental Right to Life guaranteed under Article 21 of the Constitution of India. Consequently, civic authorities bear a constitutional duty to keep pedestrian pathways free of obstructions.
Highlighting localized grievances, the PIL draws attention to specific bottlenecks such as Salatwada, opposite Jambuji Vali Masjid, where unauthorized temporary structures have cropped up. The petition alleges that private actors have even secured illegal electricity connections to run commercial operations, causing severe daily traffic bottlenecks in the area.
Key Reliefs Sought In Court
To ensure a permanent resolution to civic apathy, the petitioner has urged the Gujarat High Court to issue comprehensive directions to local authorities, including:
- Conducting an exhaustive survey and clear demarcation of all footpaths across Ahmedabad.
- Immediate removal of all illegal encroachments, followed by the publication of ward-wise action-taken reports.
- Designing accessible, barrier-free pedestrian walkways tailored specifically for senior citizens and persons with disabilities.
- Setting up periodic judicial oversight and directing respondent authorities to submit regular compliance reports.
