Disposed

Prateek Sharma and Anr. v. Union of India and Ors.

Delhi HC4 Feb 2020W.P.(C)/9974/2019

Case brief

AI extract

What is this about?

The Chief Justice, in a PIL, directed respondents to maintain and clear footpaths in Delhi and to construct future footpaths with assistive/tactile pathways, subject to available funds. The petition was disposed of.

What did the court decide?

Directed respondents to maintain and clear footpaths in Delhi and to construct future footpaths with assistive/tactile pathways subject to fund availability.

Prateek Sharma and Anr. Vs Union of… — Constitutional and Fundamental Rights | Delhi HC (2020)

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$~19

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Decision: 04.02.2020

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- W.P.(C) 9974/2019

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PRATEEK SHARMA AND ANR. ..... Petitioners Through: Petitioners in person versus

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UNION OF INDIA AND ORS. ..... Respondents Through: Ms. Anju Gupta & Mr. Roshan Lal Goel, Advs. for R-1 Mr. Mukesh Gupta, Standing Counsel with Ms.Anu M. Ahuja, Adv. for R-2 Ms. Kaadambari, ASC with Mr. Annirudh Sharma, Adv. for R-3

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Mr. Devesh Singh, ASC (Civil) with Ms. Sukriti Ghai, Adv. for R-4

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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR

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JUDGMENT

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D.N. PATEL, CHIEF JUSTICE (ORAL)

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When the matter is called out nobody appears for the petitioner.

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This Public Interest Litigation has been preferred with the following prayers:

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“1. To pass an order/direction to the Respondents to take immediate steps for the maintenance and upkeep of the

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W.P.(C) 9974/2019 Page 1 of 3

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existing footpaths.

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2. To pass an order/direction to the Respondents to take immediate steps for construction of assistive/tactile pathways on the existing footpaths.

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3. To pass an order/direction to the Respondents to take immediate steps for the construction of new footpaths with assistive/tactile pathways.

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4. To pass an order/direction to the Respondents to take immediate actions to remove and free the footpaths of all encroachments and blockades.

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5. Issue a writ/order/direction in the nature of writ of mandamus or any other writ/order/direction in the similar nature to the Respondents to take immediate steps for the maintenance and upkeep of the existing footpaths.

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6. Issue a writ/order/direction in the nature of writ of mandamus or any other writ/order/direction in the similar nature to the Respondents to take immediate steps for construction of assistive/tactile pathways on the existing footpaths

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7. Issue a writ/order/direction in the nature of writ of mandamus or any other writ/order/direction in the similar nature to the Respondents to take immediate steps for the construction of new footpaths with assistive/tactile pathways.

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8. Issue a writ/order/direction in the nature of writ of mandamus or any other writ/order/direction in the similar nature to the Respondents to take immediate actions to remove and free the footpaths of all encroachments and blockades.

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9. To pass any other order in the interest of justice.”

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Having heard the counsel for the respondents and looking to the facts and circumstances of the case, it appears that the petitioners are in search of an order or direction to the respondents to maintain and upkeep the footpaths in the National Capital Territory of Delhi; construct assistive/tactile pathways on the existing footpaths; construct new footpaths with assistive/tactile pathways; and remove the encroachments/blockades from the footpaths.

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W.P.(C) 9974/2019 Page 2 of 3

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Taking note of the above facts, we expect from the respondents that they shall maintain/upkeep the footpaths properly and clear the encroachments/blockades on it, if any as respondents are otherwise duty bound to maintain footpaths and to keep them free from all encroachments.

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We also direct the respondents that whenever any new footpaths are to be constructed, the same shall be constructed with assistive/tactile pathways after considering the availability of funds and priority of work already pending with them.

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With these observations, this writ petition stands disposed of .

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CHIEF JUSTICE

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C.HARI SHANKAR, J

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FEBRUARY 04, 2020 ns

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W.P.(C) 9974/2019 Page 3 of 3

Prateek Sharma and Anr. v. Union of India and Ors.

Case brief

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Prateek Sharma and Anr. v. Union of India and Ors.

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