The Supreme Court on Monday dismissed a plea seeking the construction of dedicated cycle tracks and footpaths across India, asserting that Indian cities cannot be compared to European nations like the Netherlands. The Court emphasized that the country’s priorities must first address more pressing concerns such as housing, healthcare, and sanitation.
A Bench comprising Justice AS Oka and Justice Ujjal Bhuyan remarked that such a demand was an instance of “daydreaming” given the dire living conditions of many citizens.
“Go to any major city; go to the slums and find out in what condition the people are living. The States don’t have money to take care of slum dwellers. States cannot afford to give affordable housing and now we are daydreaming that … when people don’t have elementary facilities of residence and basic facilities of medical treatment … we are daydreaming by saying that every city should have cycling tracks,” Justice Oka observed.
The Court granted the petitioner the liberty to approach respective High Courts instead, reasoning that issues like urban infrastructure vary across states.
“As far as construction of separate cycle tracks is concerned, all major cities in India, without exception, have issues of providing affordable houses, basic facilities like medical treatment, education at a reasonable cost. Apart from that, issues of sanitation, dealing with solid waste, etc., are very important issues which are faced by all cities in India,” the order noted.
The Court also stressed that the primary concern should be the enforcement of Article 21 of the Constitution, which guarantees the right to life.
“People don’t have water in major cities, people get contaminated water. The municipal schools are closing down. The government schools are closing down and we are going to this aspect! Have cycle tracks in all cities?” Justice Oka remarked.
The petitioner’s counsel argued that schemes for footpaths and cycle tracks were already in place but lacked implementation. However, the Court pointed out the practical difficulties in executing such projects.
“Today, go to Pune. If there are cycle tracks on all major streets, there will be huge traffic congestion. And if you want to construct new cycle tracks, lakhs of houses will have to be demolished,” Justice Oka stated.
The Court also highlighted a Bombay High Court ruling that found 26% of Mumbai’s police constables living in slums due to a lack of housing.
While declining to entertain the plea, the Supreme Court directed State governments to continue their efforts toward improving footpaths and cycle tracks where feasible.
