IN THE I{ON'BLE HIGII COURT OF I(ARNATAKA AT BANGALORE

(oRrcrN/\L JU RrSDrCl.rON)

wRrr pErrrroN No. I 31 3l oF 2013 (prl)

BETWEEN

1. Mrs. Jennifer Pinto,

Aged about 53 years,

D/o. Peter Pinto,

Residing at Cosmopolis, 255 10th Main

Lst Cross, Indira Nagar II Stage

Bangalore 560 038

2. Mrs. Priya Rao,

Aged about 53 years,

D/o. late Shrinivas Acharya,

Residing at C 103 Mantri Classic,

ST Bed Layout,

l(oramangala 560034

AND

PETITIONER

1. Tlre State of l(anratal<a,

Represented by the Housing and Urbarr Development Secretary,

Vidhana Soudlra, Bangalore 560 001

Tlre Bangalore Development Autlrority

T.Chowdiah Road,

2.

Kumara Park West,

Bangalore 560020

Represented by the Comnrissioner

3" The Bruhat Bangalore Malralragara palitre

Ofl'ice of the Commissioner

Mahanagara Palil<e, N.R.Circle

Bangalore 560 002,

Represented by the Comnrissioner

4. The Director General of Police

Police llead Quarters

Opposite Marthas llospitals

Nrupathunga Road

Bangalore 560 001

I(arnatal<a

Represented by tlre Commissioner of Police

Public Works Departttrent,

l(arnataka Govern ment Secretariat,

3rd Floor, Vikasa Soudha, M.S.Building,

Dr.Ambedkar Road,

Bangalore 560001

l(arnataka

Represented by its Chief Engineer

6. l(arnataka Roacl Developnrent Corporation Ltd

l't Floor, 1t16fi,

Thimmaiah Road Cross,

Miller Tank Bed Area,

5.

Vasanthnagar,

Bangalore 560052,

Represented by its Clrairmarr

7, Regiolrat Trans;ror.t Office

5tlr floor, M.S.Building,

Dr. B. R.Ambecll<a r Veeclh i,

Bangalore - 560 001.

Represented by the Commissioner for Transport

B. Society of Incliarr Automobile ManufacturersCore 4-8, 5th Floor, India Habitat Centre

Lodhi Road, New Delhi - 1i0 003

Represented by its Director General

9. l(arlratal<a State pollution Control Boarcl

"Parisara Bhavan", lt4g,4Lh & 5th Floor,

Church Street, Bangalore-560001

Represented by its Chairrnan RESPONDENTS

The Petitioners above named most respectfully submiL as under:

1. It is submitted that tlre Petitioners being resiclents of Barrgalore and

being public spirited persons are concerned about:

/b

(b) The failure by the state and its I'unctionaries to provide adequatefaci I ities to pedestrians;

(c) The failure by the state ancr its furrcLionaries to ensure pedestrians

are safe;

2. It is submitted that walking has always been flre primary means

human locomotiott. Bool<s of history recorcl tlre travels across Asia

reach the Americas, ancl froln Central Asia into Europe;

It is submitted that conrmonly it is uncJerstoocl that a pedestrian is aperson traveling on foot, whether walkirig or running. Irr today,s time itwould also inclucle babies being transportecl in prams, elders and

difl'erently abled persons beingy transpofted on wheel chairs ;

It is submitted that the clel'inition of pedestrians extracted from various

authorities are cited below :

4.1. National Raacl Safety ltloticy de{ines pedestrians as "vulnerable

Road Users, non ntotorized road rJsers"

4.2. TransporT Poticy tty the llrban Developutent Departrnerrt

defines a pedestrian as those who use non-motorized transpott.

4.3. oxford Dictionary defines a pedestrian as a person walking

rather than travelling in a vehicle.

4.4. wilripedia describes a peclestrian as a person traveling on foot.

It is submitted thaL commonly it is understood' that a roacl is

thoroughfare, a route or way on land between two places which is

paved or otlrerwise improvecl to allow persons to travel eiHrer by foot

or by horse carL or by cycle or by motor vehicle;

of

to

)J.

4.

5.

6' It is submitted that the crefirriLion of roads extractecr fr.om variousauthorities are citecJ below:

The r*rnatarra Municiltar carporatio,s Act, 7g76 defines aroad as follows,

2. DEFINITIONS:

In this Act, unless the context otherwise requires_

(31) "Public street,, means any street, road, square, Court,alley, passage or riding path over which the pubtic ltave aright of way wheilter a thoroughfare or not and includes_

(a) the roadway over any public bridge orcauseway

(b) the footway attached to any such street, publicbridge or causeway; and

(c) the drains attached to any such street, publicbridge or causeway and the land, whether covered ornot by any pavement, verandah or other structure

whiclt lies on either side of the roadway upLo theboundaries of the adjacent propefty, wlrcther tlntpropefty.is private property or property betonging tothe Government or the Corporation.

The Bangalare Deverolttneut lrrurcrity Act, rg16 defines"road" as follows,

2. DEFINITIONS

6.1

a

6.2

I(q) 'street' includes any higltway and any causeway,bridge, aqueduct, arch, road, lane, footway, squarercourt, alley or passagq whether a thoroughfare or not;

6.3. The widttt of a roacl as per the Revised Masteri ncludes the footpail.t :

"3"2 Width of the roacl:

While deterntining the wiclttt of the road the distancebetween the boundaries of a road including toot path,drains nteasured at rigltt angles at the center of theplot. "

It is submitted thaL from ure foregoing it wourd be commonryunderstood that thc state, wrre, impr"oving a road between two praceswould provide facirity for rocomotion by pecrestrians or persons whotravel either by horse caft or bicycle or by rnotor vehicle;

It is submittecl that notwithstancling the benefiL or. lrealth on a personwho walks regularly, in India one can,oL lose sight ol. the fact that thelarger part cannot just afl-ord locomotion by nrotor vehicle;

It is submitted that over the past two crecades,, with the exprosivegrowth of Bangalore city, flrere rras been an increasing number offlyovers, under-pass, magic boxes, Internationar Airport whicrr areexclusively for the benefit of those who use motor vehicles forlocomotion;

plan 2015

7.

o(),

9.

10.

,x

It is submitted that on tlre otlier hand, tlre statistics of deaths caused

l"o pedestrians in Bangalore are on the rise as well as the use of

footpaths by the moLor-velricles and tlre forcecl usage of the main

roads to cross the other side by clrildren, elderly and the infirnt. A

copy of News paper repofts regarding the lives the pedestrians being

in danger and other difl'iculties faced by pedestrians is annexed lrereto

as ANNEXURE A series.

It is submitted that in tlre Newspaper repofts appended hereto at

Annexure A colly , the Petitioners have demonstrated that :

11.1. It is under great risl< to health and welfare, if not impossible for a

pedestrian to wall< on major footpaLhs of Bangalore ;

11.2. It is under great risl< for babies to be transported by prams,

elders and differently abled to be transported by wlieel chairs;

11.3. It is impossible for pedestrians to sal'ely cross major roads due to

the formation of dividers, flyovers, metro etc;

11.4. It is irnpossible for pedestrians to reach medical shops, hospitals,

restaurants;

11.5. It is under glreat risl< to safety and welfare l'or ltumans to use

cycles as locomotion on major roads;

It is submitted that as stated supra itrprovements on a road includes

tlre provisiorr for lrunran locomotion by pedestrians. The Respondent

State and its furrctionaries are being earnest irt providing 6 lane roads,

express ways and l'lyovers for motor velricles, whereas they are

oblivious ol'tlre needs of pedestrians;

It is submitted that tlre provisions o[ tlte various State laws do provide

for the safety ol'pedestrians as elaboraLed below,

11.

L7.

13.

\0

c

13'1 !(arnatat<a Town ancr courrtry pra,.ing Act (..TownPlannirrg /\ct',)

CHAPTER V

TOWN PLANNING SCI.IEMES

26. Making of towtr planning sclreme ancl its contents:

(2) such tow, pranning scheme may make provisions for any ofthe following malters nanrely, -

( c ) layout of new streets or roacrs; construcr-ion, diversion,

extension, alterar-ion, improvement arrc.l stopping up of streets,

roads and communications;

13.2 Bangalore Developnrent Authority Act ( *BD/t /lct,,)

2BA. Duty to rnaintain str.eets etc.

It slrall be incumbent on the Authority to mal<e reasonable and

adequate provision by any means or measures which it is

lawfully competent to use or tal<e, for the following maLters,

namely:-

(a) the mainLenance, keeping in repair, lightirrg and cleansing ofthe streets formed by tlre Auttrority till suclr streets are vested

in the Corporation; and

(b) the clrainage, sanitary arrangement ancl water supply in

respec[ of the streets formed by Ure Authority.

13'3 I(arnata!<a Murriciparl corporatiorr Act ( "corporationAct")

\\

&

CHAPTER XIV

STREETS

265. Vesting of pubtic streets and their appurlenances in

Corporation

266. Maintenance and repair of streets

267. Power of authorities irr regard to streets

268. Powe; to aclopt COnStruCt or alter any sub-way, bridge, etc

2Tl.Powerstoprescribebuilclirrglineandstreetalignment

272. Restriction on erection of or acldition to buildings within street

aligrrmerr[ or builcling lirle

287. Removal of eltcroacltment

58. Obligatory functions of the Corporation:

(13) laying out new Public streets;

(19) the constructiolt, tnaintenance, alteration ancl itnprovement of

public streets, briclges, subways, culvets' causeways and tlre lil<e;

CI-IAPTER V

12-

L6

(20) tlre removal of obstructions and projections in or upon streets,

bridges and other public places;

13.4 The lfoacl 1'rarrsltortation Corpol'ations Act, 1950,

("Transportation /lct")SecLion 19 provides for powers of tlre Corporation to maintain

roads in order to ensure an efficient transpoftation system.

13.5 Tlre Persons witlt Disabilities (Equal Opportunities,

Protection of Riglrts and full lrarticillation) Act, X995

("Disabilities Act")

45. Non-discrimination on the roacl - The appropriate

Governments and the local autlrorities slrall, within the limits of

their economy capacity and clevelopment, provide for-

(a) installation of ar-rclitory signals at red lights in the public roacls

for the benefii of pet'sons witlt visual ltandicaps;

(b) causing curb cuts and slopes to be macle in pavements for tlte

easy access of wheel cltairs users;

(c) errgraving on tlre sur[ace of the zebra crossing for tlie blind or

for persons witlr low vision;

(d) engraving on tlre edges of railway platforms for the blind or for

persons witlt low vision;

(e) devising appropriate symbols of disability;

(f) warning signals at appropriate places.

All these Acts together clo provide suitable legal provisions witlt

regard to providing facilil-ies for the pedestrians but alas the

Respondent State is bent upoll ensuring its resources which are foi

tlre commorr goocl to tlre sole berrefit of the nrotor velticle.

t4.

t3

I{

It is submitted that in addition to all tlre State laws the Indian Road

Congress have released a large nuntber of publications to ensure the

safety of pedestriatts, maitrtenance and management of tlre roacls,

technical papers on sustainable development in road transport, etc. A

copy of the 'Guic.lelines for Pedestrian Facilities' issued by the Indian

Road Corrgr"ess is annexed here[o as ANI'tEXUttE B.

There is no gain saying thaL with rising fuel pt'ices, pollution and green

house el'fect, warming of tlre eartlr etc , there should be more human

locomotion by pedestrian and peclestrian zones be created or days

declared wltereby there are no motor vehicles on ceftain days in

certain areas. IL is further submittecl tliaL tlre National Urban Tratrsport

Policy of the Urban Development Departnrent clearly spells out the

benefits of recluced usage of ntotor vefticles and a switch to non-

motorized transportation. A copy of the policy is annexed lrereto as

ANNEXURE C;

It is submittecl tlrat tfte nrotor velticle manufacturers are a very big

Iobby. witlr a QAGR of L7.7o/o for tlte Financial Year 2007 -2011, India

has emergecl as the world's fastest growing mat'lcet [ot' passenger Cars

and Znd fastes[ growing marl<eL I'or 2 wlreelers. From April 2000 to

Novenrber 2012 the anrount of accumulative Foreign Direct Investment

in flow for this inclustry has been 7518 million US dollars The,

Respondent Association is tlre primary body that represents the motor

vehicle rnatruFacturers. A copy of an Article evidencing tlre same is

annexed hereto as ANIUEXUTTE D;

It is subrnitted tlrat the Responclent state cloes collect taxes and levies

other charges on all citizens ancl whereas in order to facilitate the sale

of motor-vehicles by the members of tlre Respondertt Association , all

15.

16.

t7.

18.

t1

e.

resources of the state ar.e deployecl orrly for improving facilities forIocomotion by nrotor vehicles;

It is submitted l.hat the Town planning Act under section 26

contemplates thaL the Master plan slroulcl provicle for peclestrians

facilities while improving roads" Tlre details as per Annexure A colly

slrow the gross failure ol'tlre Responderrt Stal-e in failing to do so;

It is submitted that the Responclent State has in the last few years

spent crores of Rupees for the purposes of roads and whereas tlre

facilities on tlre ground for pedestrians is appalling;

It is submitted that by the acts ol'the Resporrdent Stat-e, pedestrians

are being forced to walk orr tlre thoroughfare for nrotor vehicles

thereby endangering lives;

It is submitted that the Comptroller and Auditor General has in tlre

perFormarrce review for the year 2010-2011 has come dowrr on the

fraud of the Respondent BBMP with regard to fal<e bills in the works of

roads and clrains. A copy of the said Report is at AIIINEXURE E.

It is submilted tlrat the Respondent State through its functiorraries

sanctions monies for the purposes o[ pedestrian zones and due to

l"ailure of checl<s and balances , there is notlring on the ground;

it is subnritted tlrat the Resporrdent BBMP, Respondent PWD and

Respondent KRDCL are functionaries concerned directly wiLh the

improvements on the road. While they ensurre tha[ advertising hoards

flll up tlie mediarr and without proper policy hand i[ over to private

19.

ZO,

2t.

22.

23.

24.

25.

26.

27.

l5-

lg

pafties, they do nothing for peclestrian zones. The advertisenrent on

the nredians and foot paths are obstructions in the l"ree flow ofpedestriarr traffic;

It is submitLed that tlre Responclent RTo should worl< wiUr the stateand its functionaries along with Respondent police to ensure that flrere

are seating places for elders, access for pranrs and wheel chairs, toilets

for use of children/ elder ancl ol,hers. At Ure same time the Responclent

BBMP should ensure thal- there are no hawl<ers on the footpaths irr

order to ensure no encroaclrments orr footpaths;

It is submiLted that the Respondent Associal-ion shoulcl spend money

as part of the extended producers liability to maintain peclestrian

zones;

It is submitted that other States in tlre country are using unique and

innovative methods in orcler to errsule better maintenance of roads. An

example of the Tamil Naclu GovernmenL and Gujarat Government's

initiative to improve the roads in the State is annexecl here to as

ANNEXURE F series.

It is submi[Led that footpaths wlrich have been builL on roads in tlre

city are also with encroachmerrts by lrawl<ers who set up sLalls and

other temporary units lil<e eateries, electric transformers are set up,

advertising signboards are constructed, there is large scale dumping of

construction deltris .and otlrer obstructions by ongoing civic worl<s

which talce a long time to complete.

It is submitted that parking of vehicles on footpaths and drivers of

vehicles using the footpatlrs irr orcler to bypass tral'fic is very common

28.

\(

29"

&,

in many parts of tlre city of Bangalore thereby endangering the lives of

the pedestrians.

It is submitLecl tlral- there is no continuiry of footpatlrs and at most

portions footpaths are in a bad shape because of utility repair

and maintenance such as wasLe water drains, sewer lines, water

supply lines etc and therel'ore an innocent pedesLrian is quite likely to

injure themselves gravely whilst wall<ing on a I'ootpath. The

photographs appenclecl at ANITIEXURE G set'les het'eto evidence ttte

lack of pecJestrian facilil.ies in tlte city ol'Bangalore.

It is submitted thal- irnproving footpaths and encouraging persons to

wall< or use alternate modes of transpot-t like bicycles would greatly

reduce tlre amount of air pollution caused by vehicles and lessen the

burclen of traffic on the roads thereby proving beneficial to all persons

in the society. It is furtfler submitted that there is no record of any

studies done by tlre Resporrclent IGPCB to checl< the levels of air

pollution irr the State arrd monitor the same'

It is submittecl tlrat no other Writ Petition has been filed with the same

cause of action.

It is submitted that the Peti[ioners being concerned for ttre benefiL of

pedestrians and the need to lrave their rights protected as that will

ensure that society develops in an inclutsive and balanced manner and

this Public Interest Litigation is filed for the reasons stated sLlpra'

'There being no aliernate and or efficacious remedy, the Petitiotrers

have filecl this wriL Petitiorr on irrter alia tlre following grounds.

30.

31.

32.

ll

rd

GROUNDS

A. That the ANNEXURE A stancls as a testinrony on the failure of theRespondent State and its functionaries fronr ensuring:

(a) The discrintination by the sl-ate arrd its functionaries againstpedestrians;

(b) The failure by flre state ancl its functionaries to provicle

adequate facilitiesto peclestrians;

(c) The failure by the state and its functionaries to ensurepedestrians are safe;

The Respondent state ancl its functionaries by discriminating

against human loconrotion by pedesLrians have acted in violation ofArticles L4, 19 and 21 ol'the constitution of Inclia for the reasons

stated hereinbefore;

I]. That the Responclent state's fairure to provide suiLable

inl'rastructure for loconrotion by peclesl-r-ians be it in prarns, wheel

chairs or wallcing in all roads in Bangalore has cleprivecl them

of their l'reedom of movenrent ancl from beirrg unable to cross flre

roads safely , access lrospitals ancl utilities and forcing Lherrr to use

motor vehicles whiclr is in violation of the human rights ofpeople;

c. That tlre in the anxiety of the Respondent state to use the

resources ol' tlre state only for flyovers, expressways, unc.lerpass ,

Metro project they have grossly neglectecl the plight ot

((

GJ'

pedestrians by failing to act as per tlre Statutory provisions have

acted intra-vires of the Statutory provisions;

D. That the cluttering of the rnedians witlr Advertisements and so also

tlrat of the few peclesLrian zones are tal<ing away the scarce

resources and causing lrardslrilt to tlre pedestrian. There is no

statutoty right ol' the BUMP to give advertising space in the

medians and peclestrian zones to private parties, their acts are ultra

vires of the Statute and not for the benel'it of the public;

E. That the Report of the Comptroller & Auclitor General aL Annexure

E speal<s volumes aboul- tlre state of llespondent BBMP . The

Respondent BBMP should ensure that all expense is pre-audited

and approved by the Cornrrissioner. The conduct of affairs of BBMP

slrould tlrat tlre waste of money and misuse of resources of the

State;

F. That the Respondent State and its fr-rnctionaries are bound to

provide safe and good access for pedestrian access including and

rrot limited to the blind, wheel clrair bournd persons and babies in

prams. They cannot be pernritted to continue discrimination against

the pedestrians;

G. Tlrat the Respondent Association has to participate with tlte State

to ensure tlre well beirrg of the Pedestrians;

H. That the guidelines and reporLs issued by the Indian Road

Congress in tlreir numerolls publical-iorts can be used for reference

by tlre Respondent State Authorities in order to ensure proper

l. 1

1q

maintenance and management of ,re roacrs and r"ootpaths acrossthe State.

Tlrat the rives o[ ciLize,s i, ure stale who might be crroosing towall< on roads or alternately rniglrt noL have a choice and are forceclto be pedestrians, shourd be inrpor[ant to ilre Authorities ancr stepsshould be taken to ensure that such persons are safeguarcJed.

That in our country unfortunatery the poricy or, .,might over rigrrL,,prevails and hence the peclestrians fincl themselves in an inferiorposition as compared to the trucl<s, buses ancl other velricles on thestreets. This policy has gone so far that the pedestrians fi,cr eventhe l'ootpaths overtal<en by such velricles.

That the procecrure for approvar for the erectricity ancr water suppryauthorities to puL up strucLures srrourd be properry raicl dow' inorder to ensure Urat there are no encroaclrments on l.ootpaths andthe path is therefore clear lor Ure peclestrians.

Gtr{,OUNDS FOR INTETTIM ['II/\YER

A. That the report of the cornpl-roller & Auclitor General at Annexure E

discloses the reality ol'the al'l-airs of the Responclent BBMP. There is

an urgenL need to checl< ilre expense of BBMp and responsibilitycan be fixed ancl losses reclucecl if Urere is a pre-auclit of anyexpense by them. The loss o[ nroney by the state is at the expense

of the citizen;

J.

t(.

!_.

t

e

qa

PITAYEtT

WI'IEREFORE, tlre petitioners above namecr most respectfuily pray thattlris Hon'ble Court nray be pleasecl to:_

Issue a writ of Manclamus or any other writ to crirect theRespondents state to crirect flre Respondent BBMp ancr

RespondenL Police to remove all acivertisenrent hoarclings ancl

obstructions on all foor- ;raUrs ancJ medians in flre city orBangalore within a time stipulated by this Horrorable court;

Issue a writ ol' Manclamus or any other writ to clirect theRespondents Public worl<s DepartmenL , l(arnatal<a Roacr

Development Corporation , Respondent BBMp to joinUy

nraintain the fool- paths of all roads of Bangalore by provicling

access for pranrs , wheel chairs with safe crossing zones/ zebra

crossing at reqular irrtervals wiUr sr-ril-able escorts for the

differently abled and clrildren/senior citizen ancl inter alia

ensuring that on every road of Bangalore there lras to be a l"oot

path for hurnan loconrotion as per the Guidelines for peclestrian

Facilities set out irr tlre Indian Road Congress al- Annexure B;

Issue a Writ of Manclamus or any oUrer Writ to direct the

Responclent Society of Inclian Automobile Manul.acturers to

parlicipate along with its menrbers in developrnent of pedestrian

Issue a Writ of Mandamus or any other Writ clirecting the

Respondent State to ensure that prior to builclirrg any further

new roads, adequate pedestrian facilities are provicled as per

the Indian Road Congress as per Annexure B;

(i)

(ii)

(iii)

(iv)

t

u

Pass such order or orders as Uris Hon'ble courL cleenrs fit ininterests ol' justice and equity

INTERIM PR,IYER

WHEREFORE, the Petitioners above named most respectfully pray that ,pending clisposal of this writ petition , this l{on,ble Court_ may be pleased

to:-

Direct the Respondent BBMp to geL a pre-approval by flreir internal

Auditor ol'any tender above Rupees Five Lal<hs;

Pass such order or orders as tlris lJon'ble court creems fir in the

interest ol' justice ancl equifi.

(v)the

(i)

( ii)

BANGALOTTE

DArED pLlJlLZ

ITDVOCATE FOIT THE PETITIOI'IET(

DS B( !_epXa IAdvocates & Solicitors

E-303 & 304, Sunrise Chambers22, Ulsoor Road, Bangalore-560 042Tel : 40390999, Fax : 25327461

(1 /'1//_

IN THE HON'BLE HIGI{ COURT OF I(ARNATAI(A AT BANGALORE

(orucrNAL JURTSDTCTTON)

wnrr PErrrroN No. /37 j IBETWEEN

MRS. JENNY PINTO & ANR.

AND

S'TATE OF I(ARNATA!(A & ORS.

oF 2013 (prl)

PETITIONER

TTESPONDENTS

VERIFYING AFFIDAVIT

We, Jenny Pinto, Aged about 53 years, D/o. Peter Pinto, Residing at Cosnropolis, 255 10th

Main, lst Cross, Indira Nagar Ii Stage, Bangalore 560 038 & Priya Rao, Agecl about 53 years,

D/o. late Shrinivas Achatya, Residing at C 103 Mantr-i Classic, ST Becl Layout, l(orantangala

560034, $o hereby solemnly af'finn and state on oath as l.ollows:-

1. We say and submit that we are fully acquaintecJ witlr the facts and circumstances of thecase and as such competent to swear to ttris Afl'iclavit.

2. I say and subnrit that what is statecl in Paragraphs I torryf the acconrpanyirrg Petitiorr

are true and correct to the best of my l<nowleclge, information ancl belief.

3. I say and subnrit that tt.re onnurrr"lj;f.:, with ttris petition are true copies of rhe

originals.

V!:RIFICA'IION

We, Jenny Pinto & Priya Rao, Petitioners herein do lrereby state and declare tlrat what is stated

in the Petition above is true to the best of nrrT knowledge, belief and information

BANGALORE

DArED: tq lll,l

Identified by me

fJLAdiocate

,rrrfl,(

Before me