Right To Walk On Footpaths Is Fundamental: P&H High Court Directs Ludhiana Civic Body To Examine Encroachment Allegations

The Punjab & Haryana High Court today asked the Municipal Corporation of Ludhiana to “forthwith” examine the allegations of encroachment on footpaths, taking note of Supreme Court's recent ruling in Manihar Iliyaz Shaik v P.Ayyapan.

For context, the Supreme Court in Manihar case has held that the right to walk on a demarcated footpath is a fundamental right under Article 19(1)(d) of the Constitution, which includes the right to access safe and well-demarcated footpaths. This right shall have priority over movement by motorised vehicles.

A division bench of Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor said:

“It is duty of the Municipal Corporation to ensure that no encroachment is allowed to exist in place which is especially earmarked for public for footpaths.”

The development comes in a Public Interest Litigation filed by Jasbir Singh, editor of a local newspaper “Arjan Patrike” seeking directions to the authorities to address the deteriorating condition of pedestrian infrastructure within Ludhiana city. 

The petitioner alleged complete administrative inaction despite multiple representations highlighting unsafe and encroached footpaths.

The plea underscored allegations of widespread encroachments by vendors and unauthorized occupants, coupled with the absence of proper planning and maintenance, forcing pedestrians onto busy roads, exposing them to serious risks.

It was submitted that despite repeated representations and reminders between September 2025 and February 2026, no concrete action was taken by the authorities.

The Court recorded in the order that reliance is placed on Manihar case (supra) wherein the Supreme Court held that right to walk on footpaths is a fundamental right, finding it integral to right to movement under Article 19(1)(d) of the Constitution.

Hence, the Court directed that the Municipal Corporation Ludhiana to “factually examine” the allegations “forthwith” and take appropriate action.

In the light of the above directions, the plea was disposed of.

Title: Jasbir Singh v State of Punjab & Ors.