The Delhi High Court has reaffirmed the primary purpose of footpaths as pedestrian walkways, dismissing a plea to prevent the demolition of shanties identified as encroachments. In the case of Lohar Basti Lal Bagh Azadpur Vikas Samiti v. DDA and Ors, Justice Jasmeet Singh presided over the matter, which involved a petition filed by a group representing shanty dwellers in Delhi.
The petitioners, Lohar Basti Lal Bagh Azadpur Vikas Samiti, challenged a demolition notice that threatened the removal of their makeshift homes constructed on a public footpath. However, the court declined to offer any immediate relief, emphasizing the illegality of such encroachments. Justice Singh stated, “Footpaths are made for walking and strictly for the pedestrians to avoid traffic on the roads. Footpaths cannot be encroached upon.”
The petition sought to nullify a demolition notice issued by the Public Works Department on August 7, which claimed that the residents had unlawfully occupied government land and were conducting various business activities. The petitioners also requested a survey to assess the eligibility of residents for rehabilitation and sought a stay on the demolition until such measures were in place.
While the court did not annul the demolition notice, it instructed the Public Works Department to consider the petitioners’ representation within four weeks. Justice Singh clarified that the petitioners were not entitled to any additional reliefs beyond a response to their representation.
Standing Counsel Shobhana Takiar represented the Delhi Development Authority (DDA), while Panel Counsel Raghvendra Upadhyay and a team of advocates, including Purnima Jain, Madhur, Pushti Gupta, Garvil Singh, Pradumn Gautam, Kuljeet Singh, Anuj Chaturvedi, Richa Dhawan, Yashita Jain, and Sahil Bhaskar, represented the Delhi government. Advocate Pushti Gupta also appeared on behalf of the Delhi Urban Shelter Improvement Board (DUSIB).
