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While hearing a PIL seeking removal of encroachments from footpaths in the national capital, the Delhi High Court today remarked that even roads just outside High Court premises are being used for parking.

"You're talking about footpaths? Even roads are used for parking...go outside High Court, you'll find four lanes covered by parking...by your colleagues" Acting Chief Justice Nitin Wasudeo Sambre told Petitioner's counsel.

The counsel submitted that the footpath on the stretch from Jaipur House to the Delhi High Court was being used for vehicle parking, making it difficult for pedestrians to walk.

The petitioner also relied on a recent Supreme Court judgment recognising the fundamental right of pedestrians to walk on footpaths. The Supreme Court held that motorists cannot negate this right and emphasised the importance of protecting pedestrian infrastructure.

During the hearing, the Delhi High Court noted that proceedings concerning encroachments on public streets and public land were already pending. It referred to an order dated September 20, 2018, passed in W.P. No. 1807/2018.

The 2018 order dealt with multiple petitions highlighting illegal constructions and encroachments across Delhi, including encroachments on footpaths. It referred to a Special Task Force constituted by the Delhi Development Authority (DDA) pursuant to directions issued by the Supreme Court. The Task Force, comprising around 15 members, was tasked with addressing unauthorised constructions and encroachments.

Observing that the mechanism for addressing such grievances had been put in place, the High Court had back then granted the petitioners liberty to approach the concerned authorities with their complaints.

In the present matter, the division bench also comprising Justice Sanjay Sharma directed that a copy of the September 20, 2018 order be provided to the petitioner, who sought time to examine it.

The matter will be listed after three weeks.

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Case Title :  Kaushik Agarwal & Anr. v. Government of NCT of Delhi & Ors.