Supreme Court Orders Removal of All Obstructions From Footpaths

The Supreme Court has ordered the government to immediately remove all types of government and private obstructions from footpaths. A joint bench of Justices Hari Prasad Phuyal and Nripadhwaj Niraula issued the mandamus while hearing a writ petition filed by advocate Sudijnya Panta. The court stated that the state cannot avoid its responsibility for road safety and the protection of citizens’ lives. In the full text of the verdict, the court made it clear that structures placed on footpaths in the name of security, including police posts, as well as private structures built by individuals or businesses, must be removed.

The court said footpaths are directly linked to the right to live with dignity under Article 16 of the Constitution and the freedom of movement under Article 17. The verdict orders Kathmandu Metropolitan City and concerned ministries to coordinate and remove encroachments from footpaths. It specifically directs the removal of police posts placed on footpaths under the Home Ministry. It also orders public notices to be issued to remove construction materials, staircases built to enter shops, platforms made for vehicles and other man-made structures placed by individuals, companies or organizations. The court also defined accidents caused by open drains or potholes on roads and footpaths as the result of state inaction. It said that if citizens suffer loss of life or property due to negligence by government bodies, the concerned agencies must be held accountable and victims must receive compensation. The court directed that compensation should consider treatment costs, punitive compensation, future economic loss and physical and mental suffering.