Prateek Sharma And Anr. vs Union Of India And Ors.
2020 Latest Caselaw 750 Del

$~19
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                           Date of Decision: 04.02.2020
+      W.P.(C) 9974/2019
       PRATEEK SHARMA AND ANR.                  ..... Petitioners
                   Through: Petitioners in person

                          versus

       UNION OF INDIA AND ORS.                     ..... Respondents
                     Through: Ms. Anju Gupta & Mr. Roshan Lal
                     Goel, Advs. for R-1
                     Mr. Mukesh Gupta, Standing Counsel with
                     Ms.Anu M. Ahuja, Adv. for R-2
                     Ms. Kaadambari, ASC with Mr. Annirudh Sharma,
                     Adv. for R-3
                     Mr. Devesh Singh, ASC (Civil) with Ms. Sukriti
                     Ghai, Adv. for R-4

       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR

                                   JUDGMENT

D.N. PATEL, CHIEF JUSTICE (ORAL)

1. When the matter is called out nobody appears for the petitioner.

2. This Public Interest Litigation has been preferred with the following prayers:

"1. To pass an order/direction to the Respondents to take immediate steps for the maintenance and upkeep of the

existing footpaths.

2. To pass an order/direction to the Respondents to take immediate steps for construction of assistive/tactile pathways on the existing footpaths.

3. To pass an order/direction to the Respondents to take immediate steps for the construction of new footpaths with assistive/tactile pathways.

4. To pass an order/direction to the Respondents to take immediate actions to remove and free the footpaths of all encroachments and blockades.

5. Issue a writ/order/direction in the nature of writ of mandamus or any other writ/order/direction in the similar nature to the Respondents to take immediate steps for the maintenance and upkeep of the existing footpaths.

6. Issue a writ/order/direction in the nature of writ of mandamus or any other writ/order/direction in the similar nature to the Respondents to take immediate steps for construction of assistive/tactile pathways on the existing footpaths

7. Issue a writ/order/direction in the nature of writ of mandamus or any other writ/order/direction in the similar nature to the Respondents to take immediate steps for the construction of new footpaths with assistive/tactile pathways.

8. Issue a writ/order/direction in the nature of writ of mandamus or any other writ/order/direction in the similar nature to the Respondents to take immediate actions to remove and free the footpaths of all encroachments and blockades.

9. To pass any other order in the interest of justice."

2. Having heard the counsel for the respondents and looking to the facts and circumstances of the case, it appears that the petitioners are in search of an order or direction to the respondents to maintain and upkeep the footpaths in the National Capital Territory of Delhi; construct assistive/tactile pathways on the existing footpaths; construct new footpaths with assistive/tactile pathways; and remove the encroachments/blockades from the footpaths.

3. Taking note of the above facts, we expect from the respondents that they shall maintain/upkeep the footpaths properly and clear the encroachments/blockades on it, if any as respondents are otherwise duty bound to maintain footpaths and to keep them free from all encroachments.

4. We also direct the respondents that whenever any new footpaths are to be constructed, the same shall be constructed with assistive/tactile pathways after considering the availability of funds and priority of work already pending with them.

5. With these observations, this writ petition stands disposed of.

CHIEF JUSTICE

C.HARI SHANKAR, J

FEBRUARY 04, 2020 ns