Supreme Court orders immediate removal of pavement encroachments, issues four-point mandamus order

The Supreme Court has mandated the immediate removal of all roadside pavement encroachments, emphasizing that pedestrians possess a constitutional right to unobstructed passage. In a detailed verdict, the court stated that pavement obstructions force pedestrians onto roads, significantly increasing the risk of accidents and violating their right to live with dignity and freedom of movement.

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It appears that the obstruction of pavements due to structures or other barriers forces pedestrians to walk along the road edge, increasing the risk of road accidents, thereby undermining the right to live with dignity.

The ruling, delivered on a writ petition filed by advocate Sudhigya Pant, cited several tragic incidents to underscore the severity of the issue. These included the deaths of a cyclist, a rhinoceros, and a child, all attributed to unsafe pavement conditions and open drains. The court found that authorities have been neglectful in enforcing fundamental rights and have ignored encroachments by bodies under their jurisdiction.

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The right to walk freely and safely on well-managed pavements falls under the right to live with dignity guaranteed by Article 16 of the Constitution. Similarly, such obstructions also violate the freedom of movement under Article 17.

To address this systemic failure, the Supreme Court issued a four-point mandamus order. This directive compels the government, relevant ministries, and the Kathmandu Metropolitan City to take decisive action. Specifically, it requires the removal of encroachments by police posts and other government bodies, and for private encroachments, it mandates public notices with deadlines for removal. The court stressed the need for better coordination among agencies to safeguard citizens' rights.

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It is evident that the authorities responsible have not been proactive in ensuring the enforcement of the right to live with dignity and freedom of movement. They have also ignored encroachments carried out by bodies under their own jurisdiction.