The Delhi High Court has declined to interfere with a demolition notice concerning alleged encroachments on public footpaths, observing that pedestrian pathways cannot be occupied or converted for private use.
Justice Jasmeet Singh made the observation while hearing a petition filed by Lohar Basti Lal Bagh Azadpur Vikas Samiti, a residents’ association representing people living in a basti in Delhi. The petition challenged a demolition notice issued by the Public Works Department (PWD) in relation to structures allegedly raised on government land.
The Court noted that the structures in question had been raised on a footpath and held that such occupation could not be permitted, given the basic purpose for which footpaths are created.
The petitioners had sought quashing of a demolition notice dated August 7, which alleged that the occupants had unlawfully encroached upon government land by putting up jhuggies and were also conducting various commercial activities from the site.
They had further requested that the authorities undertake a survey of the residents to determine their eligibility for rehabilitation. An interim direction was also sought to prevent demolition until the question of rehabilitation was considered.
The High Court, however, declined to stay or quash the demolition notice.
The Court stressed that a footpath constitutes a designated pedestrian space and is intended to enable people to move safely without having to use the carriageway. Allowing permanent structures or other forms of occupation on such spaces, the Court indicated, would defeat their very purpose.
At the same time, the Bench directed the PWD to examine the representation submitted by the petitioners concerning their grievances and take a decision on it within four weeks.
The Court made it clear that apart from consideration of the representation, the petitioners would not be entitled to any further relief from the Court at this stage.
The proceedings were instituted against the backdrop of a demolition drive targeting structures allegedly standing on public land. The petitioners sought judicial intervention primarily on the ground that the affected residents should first be assessed for possible rehabilitation before the demolition action was carried out.
The Court, however, drew a distinction between consideration of rehabilitation-related representations and the legal status of an encroachment on a public pedestrian pathway.
The ruling reiterates the judicial emphasis on preserving public spaces in the national capital, particularly areas earmarked for pedestrian movement. Delhi courts have on several occasions stressed that footpaths and pavements are public spaces designed to facilitate safe pedestrian mobility and cannot ordinarily be appropriated for private purposes.
The decision also comes against a broader backdrop of judicial concern over the obstruction of footpaths by permanent structures, commercial activity and other impediments. In earlier proceedings, the Delhi High Court has directed civic authorities to remove structures obstructing public pathways and has emphasised the obligation of authorities to keep pedestrian spaces accessible.
In the present case, therefore, while the High Court declined to halt the demolition action, it kept open the petitioners’ representation for consideration by the competent authority.
The matter underscores the competing concerns that frequently arise in encroachment disputes—the protection of public pedestrian infrastructure on one hand and claims relating to rehabilitation of vulnerable occupants on the other. The Court’s immediate intervention was confined to ensuring that the representation concerning the affected residents is considered within the stipulated period.
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