TRITVAM APARTMENT OWNERS ASSOCIATION Vs. DISTRICT COLLECTOR, ERNAKULAM

JUDGEMENT

(1.) Walking is the most independent, advantageous and healthiest mode of travel. Hippocrates - the father of medicine, described walking as man's best medicine. Unfortunately, in our craving for progress and commercial gain, the simplest and most advantageous form of human activity - walking, has been forgotten and the pedestrian ignored. Even areas designed and created with a vision, intended for the safety and convenience of pedestrians, are soon engulfed in commercial interests resulting in conversion of those safe environs into business prospects. This, sums up the situation arising in this case.

(2.) Petitioners question the construction, installation and operation of commercial kiosks proposed to be set up on a walkway/footpath, situated in front of their apartment complex. They allege that their right to a safe and unobstructed pedestrian walk is attempted to be intruded upon, by the proposed construction of kiosks on the pedestrian footpaths.

(3.) Petitioners allege that a walkway named 'Queens Walkway' by the side of the backwaters of Kochi, was developed by the Goshree Islands Development Authority (for short 'GIDA') and Cochin Smart Mission Limited (for short 'CSML'). Petitioners allege that GIDA has put forth a proposal to construct commercial kiosks on the Queens Walkway, which will, not only destroy the walkway, but also create traffic congestion, health risks and even overburden the civic infrastructure. Petitioners also allege that GIDA lacks the statutory authority under the Kerala Town and Country Planning Act, 2016, (for brevity 'the Act') to establish, permit or even facilitate any commercial kiosks, on a walkway intended for public benefit.