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'Lung Spaces' Trump Kiosks: Kerala HC Stays Construction on Iconic Queen's Walkway
In a strong stand for public open spaces, the has granted an interim stay on the construction of commercial kiosks along the Queen's Walkway footpaths in Kochi. Justice Bechu Kurian Thomas , hearing a writ petition by the and its president Kishore Viswanathan, halted all proceedings to preserve the area's natural beauty and pedestrian access. The court prioritized community needs over development plans by respondents including the , , and .
From Residential Haven to Vending Zone?
The dispute centers on prime waterfront real estate along the Goshree-Panchalam Link Road near Marine Drive. Residents of the Tritvam Apartment Complex argue that GIDA's proposal for around 20 kiosks would transform serene footpaths—known as the Queen's Walkway and Goshree Chathiyath Road—into commercial hubs. This, they claim, would disrupt the residential vibe, strain infrastructure, spike traffic, and invite health and safety hazards, especially with reports of anti-social elements already lurking at night.
The petition, filed as WP(C) No. 6851 of 2026, seeks to block these installations pending final adjudication. GIDA defended the project as part of broader beautification efforts, including lighting upgrades, citing a prior interim order in WP(C) No. 14501 of that greenlit similar works.
Clash of Visions: Residents vs. Authorities
Petitioners' counsel, led by and team, highlighted how kiosks would encroach on vital pedestrian paths, rendering them unusable and infructuous to the suit if built hastily. They stressed the unique public value of these spaces amid Kochi's urban density.
GIDA's Standing Counsel countered by producing the order, insisting the kiosks were on authority-owned land and aligned with sanctioned plans. They revealed ₹85 lakhs already collected from vendors, framing it as legitimate revenue for public enhancements. and CSML echoed support for the project as civic progress.
Justice Thomas probed deeply, questioning the legality of kiosks on footpaths:
"Under what law are you permitted to construct a kiosk on a footpath? Footpath must be kept aside only for people to walk, not for your commercial benefits."
He dismissed beautification as a veneer for commerce, noting global cities cherish open areas as
"lung spaces."
Doctrine of Public Trust Takes Center Stage
The bench applied a lens through the , implicitly invoked in oral observations. Footpaths, set aside for public benefit, cannot yield to private commercial gains—even if on GIDA land. The court drew parallels to mismanaged projects like the Goshree Bridge bottleneck and neglected walkways near Justice Krishna Iyer Road, criticizing how public funds prioritize authority coffers over maintenance.
Precedents like the
order were sidelined for later scrutiny, as immediate construction risked mooting the petition. Oral remarks amplified concerns:
"You are destroying that place… People go all over the world, you will find open spaces… It is a breathing area. You are converting footpath into commercial streets."
The revelation of ₹85 lakhs prompted a sharp rebuke:
"Precisely, now the cat is out of the bag. GIDA is making money out of this."
Punchy Remarks That Echo Public Frustration
Key Observations from the bench:
"Considering the inconvenience that can be caused to the public if commercial kiosks or establishments are set up on footpaths, which are allegedly being carried out under the guise of beautification..."
"People go all over the world, you will find open spaces, every city will have open spaces, it is called 'lung space'."
", not for your commercial or private benefit."
"What people need in Cochin is lung space. You are using every area available for your commercial benefits."
"Even then, can you override the public interest? For constructing kiosk?"
Until March: A Breather for Kochi
The operative order is unequivocal:
"Hence, there will be a stay of proceedings for construction or installation of any kiosks on the Queen’s Walkway in front of the Tritvam Apartment Complex and on the Goshree Chathiyath Road, pending disposal of this writ petition."
Posted for , the ruling preserves the , averting immediate disruption. Practically, it shields Kochi's waterfront from commercialization, signaling courts' readiness to intervene in development overreach. Future projects must now justify encroachments against public welfare, potentially reshaping urban beautification in Kerala.
This decision underscores a judicial pushback: open spaces aren't bargaining chips for revenue.
