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High Court of Punjab and Haryana · body

2026 DAILYLAW 25172 (PNJ)

JASBIR SINGH v. STATE OF PUNJAB AND OTHERS

CWP-PIL/155/2026 · 2026-07-01

Rohit Kapoor, To Be Nominated

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CWP-PIL-155-2026 (O&M) 1 131 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-PIL-155-2026 (O&M) Date of decision: 01.07.2026 JASBIR SINGH ....Petitioner Versus STATE OF PUNJAB AND OTHERS ...Respondents CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE ROHIT KAPOOR ***** Present: Mr. Chandan Singh Rana, Advocate (through VC) for the petitioner. Mr. Praagbir Singh Dhindsa, Advocate for Mr. Jaspreet Singh, Advocate for respondent No.3. Mr. Salil Sabhlok, Sr. DAG, Punjab. ***** ASHWANI KUMAR MISHRA, A.C.J. (Oral) 1. This petition is instituted in public interest contending that footpaths and other public utility spaces have been allowed to be unauthorizedly encroached upon by the Municipal Corporation, Ludhiana, as a result of which pedestrians and the common man are made to suffer. Representations have also been made to the Municipal authorities of Ludhiana, pointing out specific areas where footpaths have been allowed to be encroached upon. 2. Learned counsel for the petitioner places reliance upon the judgment of the Supreme Court in Maniyar Iliyaz alias Shaik Riyaz and another vs. P. Ayyappan and others, 2026 SCC OnLine SC 1162, wherein the Supreme Court has held the right of a pedestrian to move on a footpath to be a fundamental right, as it has been found integral to the freedom of movement MOHIT GOYAL 2026.07.02 16:17 I attest to the accuracy and integrity of this document CWP-PIL-155-2026 (O&M) 2 guaranteed under Article 19(1)(d) read with other clauses of Article 19 i.e. Article 19(1)(a), (b), and (c) and Article 21 of the Constitution of India. 3. Learned counsel representing the Municipal Corporation, Ludhiana states that the competent authority shall get the petitioner’s grievances factually examined and appropriate action, as is warranted in law, shall be taken forthwith. 4. In view of the authoritative pronouncement of law on the right of pedestrians to move on footpaths, it becomes the obligation of the Municipal authority to ensure that no encroachment/obstruction is allowed to exist on areas which are specifically earmarked for movement of public at large in the form of footpaths etc. 5. In such circumstances, we dispose of this petition with a direction to the Municipal Commissioner, Ludhiana to get the petitioner’s grievance raised in Annexure P-1 factually examined and to take appropriate steps as may be warranted in law, so as to ensure that areas earmarked as footpath and for movement of public at large are not allowed to be hindered/ encroached upon, and remedial measures are taken forthwith in accordance with law. 6. Pending applications, if any, shall stand disposed of. (ASHWANI KUMAR MISHRA) ACTING CHIEF JUSTICE (ROHIT KAPOOR) 01.07.2026 JUDGE mohit goyal Whether speaking/reasoned : Yes / No Whether reportable : Yes / No MOHIT GOYAL 2026.07.02 16:17 I attest to the accuracy and integrity of this document