Supreme Court Questions Feasibility Of Directing Establishment Of Separate Cycle Tracks All Over India

The Supreme Court today expressed scepticism over the practicality of directing the authorities to establish separate cycle tracks across India.A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan was hearing a PIL filed by one Davinder Singh Nagi seeking separate cycle tracks all over the country. The petitioner has made the central as well as all state governments parties to the petition.During the hearing, Justice Oka remarked that the plea for separate cycle tracks across India was “very ambitious” and raised concerns about prioritization of government resources. He asked, “Whether the money in the state exchequer should be devoted to creating housing for the poor, health facilities, for poor educational facilities, for poor or for this?”Justice Oka questioned the practicality of the relief sought by the petitioner, asking, “Whether this prayer is practical? Can we grant such a relief?” The counsel for the petitioner argued that under Article 32, the court possesses vast powers in PIL matters. He pointed out the lack of coherence in the existing cycle track infrastructure, citing an example near Supreme Court Gate D, where the cycle track abruptly ends after a left turn.The petitioner's counsel referred to the Ministry of Housing and Urban Affairs' Amrut Yojana, which envisions smart city projects, and argued that the proposed cycle tracks could be incorporated into existing schemes without requiring a separate budget.Justice Oka highlighted other pressing urban issues, stating, “In all major cities there is acute problem of housing. People are forced to reside in slums. There is acute problem of availability of health facilities, availability of educational facilities which poor man can afford. Smart city becomes smart because such cycle tracks are provided or because elementary facilities are provided to poor and needy people?”Describing the prayer as “too far-fetched,” Justice Oka expressed reservations about granting such relief and dismissed the counsel's suggestion to appoint an amicus curiae, saying, “No, not at all. This is daydreaming of the petitioner.”The counsel countered, emphasizing that the establishment of separate cycle tracks will also help provide a solution to acute problem of pollution prevalent during certain times of the year, such as October onwards.Notably, the Supreme Court in the long-standing MC Mehta case has been addressing the issue of severe air pollution in Delhi-NCR, especially during winter months, caused by vehicular pollution along with other causes such as stubble burning, fireworks, construction and industrial activates etc. Recently, the court emphasised the importance of identifying vehicles by their fuel type using colour-coded stickers in addressing air pollution.The Court granted the petitioner time to present further arguments and scheduled the matter for February 10, 2024.Case no. – W.P.(C) No. 279/2022Case Title – Davinder Singh Nagi v. Union of IndiaClick Here To Read/Download Order

Supreme Court Questions Feasibility Of Directing Establishment Of Separate Cycle Tracks All Over India

Amisha Shrivastava

The petitioner has contended that establishing cycle tracks will also provide a solution to problem of severe air pollution.

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