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The right to life and liberty includes the right to walk freely without obstruction, and footpaths cannot be used for setting up commercial kiosks, said the order passed by the Kerala High Court on June 22, 2026. Areas designated and created for the safety and convenience of pedestrians are soon engulfed by commercial interests resulting in conversion of those safe environs into business prospects.
The construction of commercial kiosks on the Queen's Walkway will prejudice unobstructed access, thereby affecting the fundamental right of the pedestrians and Goshree Islands Development Authority (GIDA) has no right to construct kiosks on the Queens Walkway at Kochi. If any kiosk is to be constructed, it can be done only in areas designated or demarcated for that purpose, the order stated.
The bench of Justice Bechu Kurian Thomas reiterated that the space provided for pedestrians cannot be entrenched upon. The Kochi Municipal Corporation must ensure that pedestrian infrastructure, not only at Queens Walkway but also at every footpath, is maintained properly. The corporation even has a duty to demarcate and construct necessary pedestrian infrastructure throughout the city.
Once a kiosk is set up or even a hawker is permitted on a footpath or a walkway, it will entrench upon the pedestrian space resulting in compelling the pedestrians or the cyclists to shift from their demarcated territory, thereby paving the way for accidents. GIDA did not contemplate at the initial stage or even while designing the walkway to construct any kiosks. Had they contemplated it so, they would have certainly kept apart a portion of the adjacent land for construction of such a kiosk. No area is available on the walkway, specifically kept aside as a space for setting up kiosks, the court pointed out.
In addition, the Goshree Chathiyath Road is not within a vending zone, entitling GIDA or even the Corporation of Kochi, to set up any kiosks or vending shops. “Thus, the Goshree-Chathiyath road falls in the prohibited zone under the Street Vending Act and no street vendors, including kiosks can be permitted to be set up on the footpath,” the order said.
The HC noted that as per section 207 (1) of the Kerala Municipality Act, 1994 all public roads, streets and even the adjacent land, not being private property, shall stand vested with the local authority absolutely. The exception is only with respect to national highways, state highway and major district roads. GIDA is proposing to construct 20 kiosks on the Queens Walkway/footpath in front of Tritvam Apartment complex.
With limited open spaces available in the already crammed city of Kochi, the Queens Walkway is no doubt an escape for many from the suffocating grip of concrete high-rise structures. Even in that limited open area of the walkway, set apart for the use of cyclists, joggers and pedestrians, GIDA is attempting to construct 20 kiosks.
It is within the width of 6.5 metres of the walkway that GIDA has proposed to set up the kiosks, each of which will occupy a space of 4x3 metres. The customers at each of the kiosks will occupy further space. Thus, the proposed kiosks will obviously restrict the free movement of all, through the Queens Walkway. The construction of kiosks will restrict the free movement of even the visually impaired through the tactile pavings, thus causing serious hardships and suffocation to the public.
Indian Roads Congress has identified pedestrian walking as an important mode of transport and as they do not consume fuel, fitness acts as a bonus. It has also been observed that pedestrian facilities enhance the liveliness of the urban environment, making both business districts and residential neighbourhoods safe and interesting. Developing a pedestrian environment means more than laying down a footpath or installing a signal and a truly viable pedestrian system takes into account both the big picture and the smallest details including what materials are under the feet, the court pointed out.
The HC also referred to the Supreme Court’s June 19, 2026 order, which stated that the right to walk is a fundamental right which will take within its sweep the primary right to have demarcated footpaths with a correlative duty on the local authorities to establish demarcated and well-maintained footpaths for walkers.
The Supreme Court further held that the fundamental right to walk demands a comfortable space for an easy and carefree walk. It was also held that a wide, well-demarcated and uninterrupted footpath can change the beauty of and equitable access to our cities and towns, which could be transformative of our urban and rural living.
Gujarat Pollution Control Board (GPCB) cannot be “fastened with liability for execution and maintenance of sewage infrastructure works” and it is the domain of the local authorities and civic bodies.
This was stated in the report filed by the GPCB on June 12, 2026, addressing the application filed before the NGT on the continuous discharge of untreated sewage from Mora village into the natural drainage situated east of Damka village in Choryasi taluka, Surat district and the resulting large scale fish mortality.
The report stated that GPCB officers inspected the site on November 23, 2025, collected water samples, and recorded detailed field observations. The inspection and subsequent analytical report recorded no indications of industrial discharge, illegal disposal of hazardous waste or industrial sludge.
The findings further indicated that the issue pertained to untreated domestic sewage discharge. Immediately after inspection and analysis, the GPCB communicated with the concerned local authority requesting it to develop and implement appropriate sewage treatment, management and disposal systems for Mora village and adjoining areas and to undertake interim remedial measures to prevent untreated sewage discharge into the drainage channel.
The report stated that the grievance raised in the proceedings substantially pertains to issues of sewage collection, treatment and disposal infrastructure, which does not fall under the GPCB’s purview.
Maharashtra Pollution Control Board (MPCB) filed its report before the NGT on June 15, 2026, regarding the environmental degradation and air pollution caused during the construction of Vikhroli Business City by its contractor L & W Construction.
The project obtained Environmental Clearance (EC) on May 6, 2022, and also the expansion EC on April 12, 2023.
The report stated that the MPCB granted consent to establish to Vikhroli Business City at Kanjurmarg (West), Mumbai, on September 6, 2022, for the proposed commercial building project in Hariyali village under the ‘Red’ LSI category on a total plot area of 25,516.30 sq metres.
The Brihanmumbai Municipal Corporation (BMC) issued a ‘stop work notice’ dated January 8, 2026, to the project proponent for failing to comply with guidelines issued to mitigate air pollution.
To verify the complaint made by the applicant, MPCB officials visited the site on April 23, 2026, and observed non-compliances, including failing to provide 25 feet high tin/metal barricading around the construction project’s periphery. Failing to provide a water sprinkling system during the loading and unloading of materials at the construction sites to control air emissions. Construction and demolition waste generated within the work was not transported to the designated unloading site.
Due to the non-compliances, the MPCB issued directions under the Water Act, 1974, and the Air Act, 1981 to the project proponent.
Subsequently, MPCB visited the site on June 9, 2026 and observed that the project proponent still had not provided 25 feet high tin/metal sheets around the construction project’s periphery. No water sprinkling system has been provided during the loading and unloading of materials. No record has been provided regarding the generation of construction and demolition waste within the work site and its transport to the designated uploading site.
Huge dust was found in the premises and dust was accumulated in the premises. Despite the BMC issuing a stop work order, the building’s construction work was found in operation. MPCB also conducted ambient air quality monitoring near the project site using its mobile monitoring van.
The monitoring results revealed that particulate matter concentrations exceeded the National Ambient Air Quality Standards (NAAQS). The monitoring data indicates an exceedance of prescribed standards for both PM10 and PM2.5 parameters, demonstrating continued impact of dust generating activities in and around the project area.
