Sanjay Saxena, Lucknow
In crowded urban areas, sidewalks built along roads and trees lining long routes, providing greenery and shade to travellers, have become things of the past. Sidewalks have been encroached upon by shopkeepers, while trees have fallen victim to road-widening projects and so-called development. In its judgment dated June 19, 2026, the Supreme Court declared the safe use of sidewalks by pedestrians to be their fundamental right. A bench comprising Justice P.S. Narasimha and Justice A.S. Chandurkar issued this direction while enhancing compensation in the case of the death of a five-year-old child who was on his way to school and lost his life in a road accident.
There was a time when Hazratganj in Lucknow, Godowlia in Varanasi, and the roadsides of many other small towns had wide and clean sidewalks. Dense tamarind, neem, and peepal trees stood along them, spreading their shade. In the scorching afternoon heat, a weary labourer could rest there for a while, schoolchildren walked carefree along those sidewalks, and elderly people could take evening walks without fearing the traffic on the roads. That India now exists only in old photographs. The reality today is that sidewalks have turned into storage spaces for shops, trees have been sacrificed at the altar of development, and the common pedestrian has become a stranger on his own road.
It would not be an exaggeration to say that the Supreme Court did not state anything in its June 19 judgment that was not already written in our Constitution, but the question is: who will take action against those who violate the law? The situation is such that, over the past few decades, large traders first encroached upon sidewalks and later extended their encroachments onto the roads themselves. Wealthy businessmen, often referred to as “Dhanna Seths,” silence the system with money and keep political parties satisfied through donations. This is the condition of encroachment across the entire state. Municipal corporations and development authorities often take action against homeowners in anti-encroachment drives, but they are rarely seen removing encroachments from marketplaces. They turn a blind eye to land mafias. The question remains: if this right was already guaranteed in the Constitution, why did the court need to declare it? The answer lies in those streets where sidewalks are occupied by vegetable carts, clothing stalls, mobile repair tables, and beyond them lies a darkness where no space is left for pedestrians.
Recently, Uttar Pradesh Chief Minister Yogi Adityanath narrated the story of a senior police officer who was about to retire. The officer informed the Chief Minister that a mafia had occupied 120 acres of land in a posh area of Lucknow. If the land were freed, a State Forensic Institute could be established there. Yogi had the land vacated, but one wonders how many such plots are still under illegal occupation, where mafias have built colonies or settlements. Unfortunately, action against encroachment is taken only where it can please the government or where the encroachers are weak and vulnerable.
Coming back to sidewalks, there was a time when pedestrians could comfortably and safely travel on them, protected from traffic, heat, and rain. But that was nearly fifty years ago. Over the last five decades, governments have spent lavishly in the name of sidewalks, yet pedestrians have gained little benefit. In the 1970s and 1980s, when cities were smaller and population pressure was lower, sidewalks were built and trees were planted along them. Municipal bodies maintained them. Gradually, cities expanded, populations increased, and the number of vehicles on the roads grew exponentially. Alongside this growth emerged a system in which wealthy traders first placed their goods at a corner of the sidewalk, then occupied the entire sidewalk, and eventually became bold enough to seize part of the road itself. Throughout this process, municipal officials, police personnel, and political middlemen were all involved. Money exchanged hands, and encroachments continued to grow. In other words, this encroachment did not happen overnight; its roots go back fifty years.
The real tragedy is that the government system works only where weak and helpless people are involved. When municipal authorities launch anti-encroachment drives, their targets are usually poor street vendors or small shopkeepers who lack political protection and cannot afford bribes. The large traders, the so-called Dhanna Seths, donate to political parties, keep officials pleased, and quietly maintain their encroachments. This is why no action is ever taken in major markets, where encroachment is at its worst.
The story of the disappearing trees is as painful as that of the vanished sidewalks. When road-widening projects began, trees were the first casualties. In the name of development, thousands of old and dense trees were cut down. Trees that had provided shade for decades, served as homes for birds, and purified the city’s air were brought down in an instant. Roads became wider, vehicles moved faster, but pedestrians were left without shade and without sidewalks. Governments do talk about planting new trees, and official records often claim that millions of saplings have been planted, but little evidence of them can be found on the ground.
Governments came and went, plans continued to be drafted, and crores of rupees from the public treasury were spent in the name of sidewalks. Sometimes sidewalks were covered with new stones, sometimes decorated with colourful tiles, and sometimes lined with iron railings and lamp posts. Yet none of these efforts created space for pedestrians. The tiles came loose within months, the lamp posts disappeared into darkness, and the sidewalks were once again occupied by shops and carts. The entire exercise remained nothing more than a paper formality. Departments responsible for urban planning, which once reserved space for pedestrians, gradually changed their priorities. New roads now feature multiple lanes for vehicles, but sidewalks are either absent or so narrow that two people cannot walk side by side. This mentality reflects the fact that urban planners consider pedestrians to be second-class citizens. Meanwhile, courts continue to deliver judgments in favour of pedestrians, but these often fall victim to bureaucratic red tape.
The bottom line is that the Supreme Court’s judgment declaring the use of sidewalks as a fundamental right of pedestrians may hold municipal corporations, state governments, and various authorities accountable. It may state that officials responsible for allowing encroachments should be held liable and that traders who treat public roads as private warehouses should face strict action. Yet the reality is that much time has already been lost. The greatest obstacle is that whenever a government attempts to remove encroachments from roads and clear sidewalks, organised voters often respond by democratically voting that government out of power. This, unfortunately, has become the nation’s fate, and it is not something that can be changed easily.
(The writer is a senior journalist. He can be contacted at [email protected] or on 9454105568 / 82990505.)
