State can't even provide houses: Supreme Court junks PIL for cycle tracks

The Supreme Court on Monday trashed the demand to have separate cycle tracks laid across India, observing that Indian cities cannot be compared with European countries like Netherland..The Bench of Justice AS Oka and Justice Ujjal Bhuyan said such a prayer was a result of "daydreaming" and priorities gone wrong since people in India do not have even basic housing facilities or primary healthcare."Go to any major city; go to the slums and find out what 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 remarked..The Court made these observations after refusing to entertain a plea seeking cycle tracks and footpaths across India. It granted the petitioner a liberty to approach the High Courts."As far as construction of separate cycle tracks is concerned, all major cities in India, without exception, have issue of providing affordable houses, issue of providing basic facilities like medical treatment, education at a reasonable cost. Apart from that, issue of sanitation, dealing with solid waste, etc. are very important issues which are faced by all cities in India," the Court observed in the order.With regard to the prayer for footpaths, the Court said some of the High Courts have already taken a view that it is the obligation of the State authorities to have footpaths/pavements in a reasonably good condition."Every State has different issues. There are certain states which have hilly areas. There are certain states which are have large population of Scheduled Tribes, therefore the issue which are raised in this petition under Article 32 can be better addressed by the respective High Courts. By granting liberty to approach different high courts, we dispose of this petition," the Court ordered.However, the Court also directed the State governments to continue with the efforts they have already initiated with regard to footpaths and cycle tracks..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 Abhay S Oka.While declining to entertain the plea, the Court also said that people should rather be concerned about priority implementation of Article 21 of the Constitution. "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 counsel representing the petitioners submitted that schemes for footpaths and cycle tracks are already in place but they were not being implemented."It [cycling] is a very vital mode of transport and primarily it is [used by] urban people," the senior counsel submitted. However, the top court said High Courts should deal with these matters. It also highlighted the difficulties in having cycle tracks across India."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 Ok said."There is a reported judgement of the Bombay High Court that say that things are so worse that 26% of the police constables working in Bombay stay in slums because there is no housing," the judge added..Unconvinced by the petitioner's arguments, the Court refused to entertain the plea. In the order, the Court recorded that it was not disputing the bonafides of the petitioner and the important issues raised by him.