In Delhi and NCR, being the capital region, it is most important that authorities should stop people from encroachment of public place, like roads, nallahas, etc. It is more visible in the government colonies. RWAs should be strictly report such matters to the authorities and make sure they are not allowed. I am not talking about a temporary arrangements of a government employee as occupant of the quarter, but there are many juggies developing/developed inbetween the government qtrs. which has to be dealt with. Interestingly, such people are having all the support from the politicians, police and authorities. even BSES has given connections to them. govenment should looked into this more  

In CP, the heart of the City, see the sideway of Shankar Market, Superbazar, back side of Gopaldass Building - which is the pathway between metro station, railways station and the bus stand at both superbazar side and barakhamba road. There is no side way for pedestrians. The car parking mafia has taken over all the road and side ways (even almost of the road itself)!!!! this is right under the nose of the authorities.. adding to it regular hawkers and other eateries.. On the other side of Shankarmarket, govt. allowed to give kashmiri rehabilitation!! I wonder any original allotee is there now.. But still beautification works are on!!! more  
I think it would be best to take the help of our Legal Circle experts to solve such issues. more  
NCR Citizens RWAs and Cooperative Housing Society managements are themselves indulging in illegal construction and land grabbing.Visit Puru Apartments, Sector 13, Rohini-85 Puru Apartments for evidence. Authorities, police and local politicians are all hand in glove and poor residents/ citizens are at the receiving end more  
The DMC Act expressly prohibits occupation of a street including the foot-paths. The MCD is clearly failing in its duty when it overlook such encroachments willfully or complicitly. The problem is that we as citizens are too submissive to the irregularities or are plain lazy to protest. more  

Subject:Fundamental Right -Article 19 which guarantees fundamentalrights of freedoms 19(1) d & is to be seen along with Article 21 of the ofthe constitution Protection of Life and Personal Liberty.

Dear Sir,

Sub: Side walk /Foot path “The use of such areasshall be restricted to the cause for which

these are meant .”- Pedestrian Right

Sidewalks are owned by the civicbody on behalf of the city’s citizens. Who is

accountable for the safety ofpedestrian .

We havethe various old age members, childrenalong with their family member in our society ,we hereby request youthat as many members has to travel bybus and train to reach their place of workfor to earn their dailylivelihood .To reach to the bus stop / railway station members need to made use ofside walk. Please keep this in mind while issuing any order in your dayto day administration.

With reference to the Article 19whichguarantees fundamental rights offreedoms 19(1) d “. the right of the commuters to move freely and usethe roads without any impediment” - Freedom to move freely throughout theterritories of india, the same is to beseen along with Article 21 of the of the constitution Protection of Lifeand Personal Liberty. The pedestrian may claim theprotection of Article 21 in the following cases:

1)As part of the right to life.- The pedestrian today faces a threat tohis life everyday by merely stepping outside his house. The scant regard to therights of the pedestrian by authorities, improper pavements or no Pavements etchave made walking virtually impossible in Mumbai.

2)As part of the right to livelihood- the people who were walking, werepeople who were walking with the purpose of business or service. Thus when theroads of the city become hostile for a walker it at times may lead to him beingdeprived of a means to reach his source of livelihood thus violating Article21. Moreover, the general observation has been that it is the people of thelower economic group who resort to walking; hence when the person from thisgroup is deprived of his right to livelihood it is not him alone but the entirefamily which suffers.

3)As part of the right to a clean environment and health- If one appliesthis principle then the present Environment in the cities is an imminent threatto the life of the pedestrian. As has been cited before the pedestrian constitutesnearly 50% of the road fatalities.

Thus the pedestrian also being a person has the right to life whichneeds to be secured by the

State. The state can no longer continue to ignore the safety of thepedestrian; such continued

ignorance amounts to a violation of Article 21.

“No regulation order shall be made with respect to a pavement /sidewalk,which has the effect of preventing at anytime accessto the pedestrian to any premises situated on or adjacent to the road, or toany other premises accessible for pedestrians.”

“The use of such areas shall be restricted to thecause for which these are meant .”


Sunil Chaudhari

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