The Uttarakhand High Court in the case Suo Moto PIL: In the matter of “Let the Children Play” by increasing the facilities of sports v. Principal Secretary, Department of Women Empowerment & Child Development and others observed and has directed that there is a grave death of space or areas for people to go for a morning or evening walk in the state, especially in the city of Nainital.
The court directed that the State government to reserve the Lower Mall Road in the city only for pedestrian movement between 06:00 AM to 08:30 AM every day.
The bench comprising of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal in the case observed and has passed the suo moto cognizance of a video featuring cricketer Virat Kohli where the issue of lack of space and opportunity in the state for children to play outdoor sports was raised.
The court noted in its order that apart from the lack of sports facilities for children and youths in their colonies, there is also the grave dearth of areas for people to go for a morning or evening walk in the state.
It has also been noted by the said court that in Nainital itself, there is hardly any area, where people can walk, without running the risk of accidents, and without having to face vehicular pollution caused by fumes and horns. The court remarked that our experience has shown that the Mall Road in Nainital, which is in two parts – Upper and Lower, is such that the Upper Mall Road is wide enough to cater to the needs of the traffic in the early hours of the day.
It has also been observed by the said court that Lower Mall Road can be reserved for pedestrians and morning walkers up to 08:30 AM because Schools start functioning only from 09:00 AM. The court in its order stated that the Lower Mall Road shall be reserved only for pedestrian movement between 06:00 A.M. to 08:30 A.M. every day.
It has also been directed by the said court that no vehicle or other mode of transportation shall be permitted to ply on the Lower Mall Road during these hours.
The court asked the District Magistrate, Nainital and Police Authorities have been tasked to ensure strict compliance with the order passed by the said Court.