Karnataka High Court
M/S. Letzkit Foundation (R) vs The State Of Karnataka on 24 February, 2023
Bench: Chief Justice, Ashok S.Kinagi
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WP No. 2950 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF FEBRUARY, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 2950 OF 2021 (LB-BMP-PIL)
BETWEEN:
M/S. LETZKIT FOUNDATION (R)
BY ITS MANAGING TRUSTEE,
NO. 518, 8TH CROSS, 3RD PHASE,
JP NAGAR,
BANGALORE 560078
...PETITIONER
(BY SRI. PUTTIGE R. RAMESH, SR. ADVOCATE FOR
Digitally signed SMT. LAKSHMI S HOLLA., ADVOCATE)
by R DEEPA
Location: High
Court of AND:
Karnataka
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
VIKASA SOUDHA,
DR. AMBEDKAR ROAD,
BANGALORE 560001.
2. BRUHATH BANGALORE MAHANAGARA PALIKE
BY ITS COMMISSIONER,
NR SQUARE,
BANGALORE 560002
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WP No. 2950 of 2021
3. THE COMMISSIONER OF POLICE
OFFICE OF THE COMMISSIONER OF POLICE,
INFANTRY ROAD,
BANGALORE 560001
4. THE BANGALORE ELECTRICITY SUPPLY COMPANY
LTD.,
BY ITS MANAGING DIRECTOR,
OPP. CENTURY CLUB,
KR CIRCLE,
BANGALORE 560001
5. BANGALORE METRO RAIL CORPORATION LTD.,
BY ITS MANAGING DIRECTOR,
III FLOOR,
BMTC COMPLEX,
KH ROAD, SHANTHINAGAR,
BANGALORE 560027
...RESPONDENTS
(BY SRI. S.S. MAHENDRA, AGA FOR R1, R3
MS. H.S. SANGEETHA, ADVOCATE FOR
SRI. N.R. JAGADEESWARA, ADVOCATE FOR R2
SRI. H. SHANTHIBHUSHAN, ADVOCATE FOR R4
SMT. DEEPASHREE, ADVOCATE FOR
SRI. HARISH N.N., ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR
DIRECTION DIRECTING THE RESPONDENTS TO ENSURE THAT
ENCROACHMENTS OVER FOOTPATHS IN THE CITY OF
BANGALORE ARE REMOVED AND ARE MADE PEDESTRIAN
FRIENDLY.
THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, CHIEF JUSTICE, MADE THE FOLLOWING:
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WP No. 2950 of 2021
ORDER
This writ petition was filed in this Court on
08.02.2021 with the principle prayer
"Issue a writ of mandamus or any other
appropriate writ or order or direction directing
the respondents to ensure that encroachments
over footpaths in the city of Bangalore are
removed and are made pedestrian friendly."
2. It may not be out of place to mention that the
very issue of the encroachments of footpaths referring to a
particular locality was the subject matter of
W.P.No.13736/2019 which was also a PIL. The Division
Bench of this Court vide order dated 21.04.2021, passed a
detailed order reported in 2021 SCC ONLINE KAR 12223
and issued directions as per para No.28 which reads thus:
"28. We, therefore, pass the following order:
(i) We hold that it is the duty of the respondents
to ensure that the footways and public streets are
kept free of obstructions including illegal parking
thereon. It is also their responsibility to ensure
that violations of the aforesaid provisions of law
WP No. 2950 of 2021
are not taken casually and criminal law is
promptly set in motion;
(ii) We direct the State Government and the
traffic Police Department to make effective
implementation of the provisions contained in
Sections 117, 122, 127, 177A and 201 of the
Motor Vehicles Act, 1988 on a complaint made by
a citizen or otherwise. If any violation of he said
provisions is made, apart from taking action of
removal of illegally stopped, parked or abandoned
vehicles on footways, criminal law must be set in
motion immediately;
(iii) The respondents shall ensure strict
implementation of the provisions of the said Act
of 1960 and the said Rules of 1979. As noted
earlier, the said Act of 1960 contains penal
provisions for violation. Therefore, the relevant
provisions of the said Act of 1960 and the said
Rules of 1979 shall be scrupulously followed.
(iv) We direct the respondents to strictly
implement the prohibitions noted above under
both the Regulations framed in exercise of the
powers under Section 118 of the M.V.Act. It is the
duty of the State Government and its agencies
and instrumentalities to ensure that the aforesaid
relevant provisions under the M.V.Act, the said
Act of 1960, the rules framed under the said Act
of 1960 as well as the Regulations framed under
Section 118 of the M.V.Act concerning footways
are strictly implemented. They shall ensure that
criminal law is promptly set in motion against the
offenders and violators;
(v) We direct the State Government as well as
the BBMP to issue directions to its officers for the
WP No. 2950 of 2021
purpose of implementation of the above
directions with a period of six weeks from today;
(vi) We may also note here that non-
implementation of the aforesaid provisions which
we have discussed in the body of the judgment
may even amount to violation of right to life
guaranteed to the citizens under Article 21 of the
Constitution of India;
(vii) XXX
(viii) XXX
(ix) XXX
(x) XXX"
3. In view of these directions, the respondents
have a strict adherence to these directions and to follow
the directions in letter and spirit. As such, in our opinion,
the present petition for espousing the very cause, does not
require any indulgence by this Court. In case, if the
directions of this Court are not followed by the respondent
- Authority, certainly appropriate remedy can be availed.
Filing repeated petition is not the remedy in our opinion.
As such, no separate order is required to be passed in the
WP No. 2950 of 2021
present petition. In case directions of this Court in the
matter of Sri D.S.Ramachandra Reddy are not probable or
there is no compliance with the order of the directions of
this Court, the party can certainly avail appropriate
remedy.
With these observations the PIL is dismissed.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
SSB
