Supreme Court Orders Removal of Footpath Encroachment

The Supreme Court has ruled that footpaths are directly linked to pedestrians’ fundamental rights, issuing a directive order to Kathmandu Metropolitan City and concerned government agencies to remove encroachments and ensure pedestrian safety.

A joint bench of Justices Hari Prasad Phuyal and Nrip Dhwaj Niraula delivered the verdict on a writ petition filed by advocate Sudigya Pant. The Court observed that the constitutional right to live with dignity and the freedom of movement inherently include the right to use footpaths safely and without obstruction.

The petition had highlighted widespread encroachment of sidewalks in Kathmandu, including the dumping of construction materials, construction of staircases for shops and houses, placement of security posts, and open drains, all of which pose serious risks to pedestrians.

In its order, the Court noted that the absence or encroachment of footpaths forces pedestrians onto roads, increasing the risk of accidents and fatalities. It linked safe use of sidewalks to Article 16 of the Constitution, which guarantees the right to live with dignity, and Article 17, which ensures freedom of movement.

The verdict confirmed, with supporting photographs and documents, that footpaths in various parts of Kathmandu have been encroached, creating direct threats to public safety. The Court directed authorities to take necessary steps to clear encroachments, issue public notices against private and non-governmental encroachment, and abandon the tendency of shifting responsibility by claiming footpath management is outside their jurisdiction.

Citing international practices, precedents from the Indian Supreme Court, Nepal’s Constitution, the Local Government Operation Act, the Vehicle and Traffic Management Act, and urban road standards, the Court underscored that footpaths are essential infrastructure for safe pedestrian movement. It ordered state agencies to guarantee pedestrian safety, keep sidewalks free of obstruction, and effectively implement constitutional obligations on road safety.