सुप्रीम कोर्ट ने किया निर्देश: हर सड़क पर फुटपाथ अनिवार्य, केंद्र को तय करनी है जिम्मेदार प्राधिकरण

Identify Authority Which Will Ensure Every Road Has Footpath : Supreme Court To Centre

Gursimran Kaur Bakshi

5 Oct 2026 4:44 PM IST

The Supreme Court on Monday asked the Centre to identify a central authority responsible for ensuring that wherever there is a road, there is a footpath, and directed the Union Government to identify five towns where the Court's directions can initially be implemented as a pilot project.

A bench comprising Justice PS Narasimha and Justice Alok Aradhe asked Additional Solicitor General KM Nataraj to obtain instructions on identifying such an authority and file a report before the Court. The bench was monitoring compliance with its June judgment which declared that right to walk on a footpath is a fundamental right, and that every road must have a demarcated footpath.

The Court said that the authority entrusted with the task must have adequate infrastructure, space, human resources and funds to effectively undertake the responsibility.

"First of all, there needs to be a centralised authority which will do the planning. Number 2, identifying and implementing it as pilot project. The authority must have the space, infrastructure, human resources and funds, which means it has to be a viable working authority," Justice Narasimha told Additional Solicitor General KM Nataraj.

In its order, the bench observed that steps must be taken to ensure that footpaths are provided wherever roads exist.

Therefore, it ordered: "In furtherance of our judgment...we are of the opinion that steps need to be taken to ensure that wherever there is a road, there must be a footpath. We direct the Union of India to identify the authority which would be responsible for implementing the need for establishing the footpath. Such authority, if not in existence or identified within the statutory framework, then such an authority could be established. It is necessary that such an authority have all the wherewithal in terms of infrastructure, space, human resources, and funds available.

Mr Nataraj will report to the Court on the identification of such authority. We are also of the opinion that five towns could be identified in India where we can start the pilot project of provisioning footpaths wherever the roads exist. Mr Nataraj would take instructions and inform us on the next date of hearing. List after 3 weeks."

The directions issued by the Court in its June order:

a. The right to walk is a fundamental right under Part III of the Constitution. It is integral to the right to movement guaranteed under Article 19(1)(d), read with Article 19(1)(a), Article 19(1) (b), Article 19(1) (c) and Article 21 of the Constitution of India. The fundamental right to walk will take within its sweep the right to demarcated footpaths. These rights are primary and shall have priority over movement by motorised vehicles.

b. The fundamental right to walk on demarcated footpaths has a correlative duty. If the road exists, there is a duty to ensure that there are demarcated and well-maintained footpaths for walkers. The duty bearers are the urban development authorities, municipal corporations, municipalities and even panchayats, who must endeavour to demarcate, construct, maintain, and safeguard footpaths and other necessary pedestrian infrastructure, as walking is integral to life.

c. The violation of the right to walk on demarcated footpaths will entitle the citizens to invoke constitutional and legal remedies against duty bearers for restitution and compensation. This remedy is independent of the remedies that are available under the Motor Vehicles Act, 1988.

It may be noted that various other benches of the Supreme Court have also held that the right to use a footpath is a fundamental right under Articles 19 and 21. In S Rajaseekaran v Union of India, a bench comprising Justice AS Oka and Justice Ujjal Bhuyan had issued directions for unobstructed and disabled friendly use of footpaths.

A bench comprising Justice JB Pardiwala has also been monitoring the implementation of these directions and has also issued further directions relating to the safety of pedestrians on roads and footpaths, including the wearing of helmets, wrong-lane driving, and the use of unauthorised hooters on cars in a long-standing writ petition.

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