PIL on Pedestrian Rights: Bombay High Court Directs PMC To Ensure Safe Footpaths and Set Up Grievance Redressal Mechanism In Pune

Pune | April 8, 2025
In a significant development concerning pedestrian rights in Pune, the Bombay High Court has directed the Pune Municipal Corporation (PMC) to ensure the safety of pedestrians by removing all obstructions from footpaths and implementing a grievance redressal mechanism at the earliest.

The court was hearing a Public Interest Litigation (PIL) filed by petitioner Qaneez Sukhrani. The case was heard by a bench headed by Chief Justice Alok Aradhe and Justice M.S. Karnik on April 3, 2025. The court reaffirmed that the PMC bears a statutory responsibility in urban planning and execution of development plans to provide basic facilities that enable pedestrians to move freely and safely.

PMC Owes Duty To Pedestrians: High Court

The court observed that pedestrians, including senior citizens and differently-abled individuals, have a fundamental right to safe passage on footpaths and pedestrian crossings. It noted that the PMC must take all possible measures to make footpaths secure and obstruction-free. The PIL had highlighted several instances of encroachments and obstructions, making it difficult even for physically fit individuals to use the footpaths.

Reiterating the duty of the PMC, the court stated that the Corporation owes a responsibility to ensure the rights of pedestrians are not compromised. PMC, in its submission, claimed that it makes every effort to maintain footpaths and that specific complaints are attended to immediately. However, the High Court emphasized that this stand must be followed scrupulously.

Objection to Electricity Fuse Boxes on Footpaths

A key concern raised in the PIL was the presence of electricity fuse boxes on footpaths, which petitioner’s counsel, Advocate Satya Muley, strongly opposed. The PMC stated that the fuse boxes belonged to MSEDCL and had been in place for over 30 years, a common practice across urban Maharashtra for the convenience of utility services and maintenance work.

However, Advocate Muley cited the recent death of a woman in Balewadi, Pune, due to an electric shock caused by an exposed fuse box on a footpath. The High Court expressed strong disapproval of PMC’s stance, stating:
“We do not appreciate this stand of the Corporation. The safety of the pedestrians using footpaths cannot be compromised. Only because installation of fuse boxes at common places like the footpath is preferred by electricity companies for smooth functioning of their service, cannot be a valid ground to deprive pedestrians of their right to use the footpath.”

Footpaths Must Be Free from All Obstructions

The High Court further clarified that areas designated as footpaths must remain clear of all obstructions and maintained in a user-friendly condition. The court emphasized that while utilities have their importance, they cannot come at the cost of pedestrian safety.

The court directed PMC to take expeditious measures to relocate fuse boxes and other obstacles in a manner that does not hinder pedestrian movement.
“We make it clear that the area designated as footpath must be kept clear from all obstructions and maintained in a condition that is user-friendly to pedestrians which includes senior citizens and differently-abled persons,” the court observed.

Grievance Redressal Mechanism to Be Set Up

The 10-page order also directed the PMC to establish a robust and accessible grievance redressal mechanism. The court instructed the Corporation to provide a dedicated helpline number where citizens can report obstructions or violations affecting pedestrian rights. It further mandated the appointment of designated officials to attend to these complaints promptly and ensure necessary action is taken.

The court also ordered PMC to give wide publicity to the redressal mechanism in all leading newspapers for greater public awareness.

Petitioner and Advocate React

Petitioner Qaneez e Fatemah Sukhrani pointed out that although PMC claims to construct footpaths in accordance with IRC Norms 103 of 2012 and the Pedestrian Policy, the reality on the ground is different.
“Even if constructed as per norms, footpaths are misused post-construction by encroachers and other obstructions. The PMC must not only follow the High Court’s direction on grievance redressal but also publish the list of responsible officers and their contact numbers on its website,” she said. She also demanded that the PMC hold quarterly meetings with the Petitioner.

Advocate Satya Muley added, “These days, people of Pune are forced to come out on the streets or approach the courts to demand basic civic amenities such as footpaths, water, roads, and sanitation. This indicates a complete collapse of PMC’s municipal administration.” He welcomed the Bombay High Court’s clear and firm order and stated that they would monitor the implementation closely.

“If any neighbourhood continues to face pedestrian-related issues, they are welcome to reach out to me for guidance and legal action against PMC. It is the duty of the PMC and the Town Planning Department under various statutes and Article 243(W), Schedule XII of the Constitution of India to provide infrastructure like footpaths, subways, foot overbridges, and zebra crossings. These must include illumination, wheelchair-friendly slopes, and bicycle access,” he added.

The High Court’s directives have set a precedent for prioritizing pedestrian safety in Pune. It now rests on the PMC to comply with urgency and transparency—or face further legal consequences.