The State has a legal obligation to enforce road safety regulations and prevent encroachments on pedestrian pathways to protect vulnerable road users.

O R D E R

Anil K. Narendran, J.

The Special Commissioner, Sabarimala, has filed this report regarding the directions to be issued to the respective authorities to complete the maintenance and repair works of the road network leading to Sabarimala and maintain the roads and pedestrian facilities strictly in conformity with the relevant standards and guidelines, to ensure strict enforcement of Road Safety Policy and also the provisions under the Motor Vehicles (Driving) Regulations, 2017 , in terms of the directions contained in the orders of the Apex Court and this Court, in order to ensure the safety of most vulnerable road users, such as pedestrians, cyclists, children, elderly and differently-abled persons, during Mandala-Makaravilakku festival season of 1198 ME (2022-23).

2. On 10.11.2022, when this SSCR came up for consideration, we have passed a detailed order. Paragraphs 22 to 25 of that order [2022 SCC OnLine Ker.5801] reads thus:

“22. Once roads are constructed as per the standards and guidelines prescribed by the Indian Roads Congress, it has to be maintained as such without any encroachment on the right of way or on the pedestrian facilities provided as per such standards and guidelines. Footpaths are not intended for stocking articles for trade or for the display of goods by traders, in front of their shops or establishments. Similarly, footpaths are not intended for the purpose of holding campaigns, demonstrations, etc., by political parties and other organisations, by causing any obstruction whatsoever to the free movement of pedestrians. No political party or organisation can be permitted to encroach upon footpaths or right of way of public roads, in connection with any such protest, demonstrations, etc., by erecting any temporary structures on the right of way or on the pedestrian facilities, forcing pedestrians including those with disabilities and reduced mobility to walk in unsafe circumstances. Showing scant regard to the law laid down in the decisions referred to supra, political parties and various organisations are permitted to put up structures on footpaths and even on the right of way on public roads, all over the State. The protesters/agitators having political backing are even permitted to lay carpet and place chairs on the footpath. On account of such encroachments, pedestrians including those with disabilities and reduced mobility are forced to walk through the right of way of public roads, in unsafe circumstances. In view of the provisions under clause (4) of Regulation 5 of the Motor Vehicles (Driving) Regulations, 2017 , the driver and the riders shall take special care and precautions to ensure the safety of the most vulnerable road users such as pedestrians, cyclists, children, elderly and the differently-abled persons. As per sub-clause (c) of clause (2) of Regulation 22, a vehicle shall not be parked on footpath, cycle path and pedestrian crossing.

23. In S. Rajaseekaran v. Union of India [(2018) 13 SCC 516] the Apex Court held that all States and Union Territories are expected to implement the Road Safety Policy with all due earnestness and seriousness. In Para 94.13 of the said decision, in the context of ‘Lane Driving’, the Apex Court held that the Ministry of Road Transport and Highways has already issued the Motor Vehicles (Driving) Regulations, 2017 which should be implemented by the State Governments and Union Territories strictly.

24. The service roads provided on the side of National Highway and bypass constructed as per the Manual of Specifications and Standards prescribed by the Indian Roads Congress in IRC:SP:73-2007 or IRC:SP:84-2009 cannot be converted as a parking space for commercial or other establishments, religious institutions, etc., or even for putting up temporary structures in connection with festivals in temples, churches, mosques, etc. or in connection with any protest by any political parties or for putting up temporary structures as resting place for headload workers,