GIDA authorised to develop Queen’s Walkway in Kochi, says High Court

The Goshree Islands Development Authority (GIDA) is authorised to develop the Goshree-Chathiyath road and Queen’s Walkway in Kochi, the Kerala High Court has said.

The Division Bench of Justices A.K. Jayasankaran Nambiar and A.K. Preetha held that GIDA putting up kiosks, in a manner approved by the Bench, would not infringe any fundamental right of pedestrians.

The Division Bench thus set aside a Single Bench decision that the construction of commercial kiosks on Queen’s Walkway would affect pedestrians’ rights guaranteed under the Constitution. The Division Bench also set aside the Single Bench’s finding that the land fell under the jurisdiction of the Kochi Corporation and not GIDA.

The Tritvam Apartment Owners Association had moved the Single Bench against the construction, installation and operation of commercial kiosks proposed by GIDA on the walkway/footpath in front of the apartment complex. The Association claimed that the proposed kiosks would violate the right to a safe and unobstructed pedestrian walkway. Further, it argued that the construction would create traffic congestion and health risks, besides overburdening the civic infrastructure. The Association also contended that GIDA lacked the authority to facilitate any commercial kiosks on a walkway intended for public benefit.

GIDA argued that it had the absolute right to use the footpath for any activity, as specific government orders authorised it to develop 25 hectares of reclaimed land on which the Goshree-Chathiyath road, walkway and Tritvam apartment complex stood, under the Kerala Town and Country Planning (KTCP) Act.

The Authority had approved a special project for Queen’s Walkway named ‘GIDA Happiness Zone Project’ to provide quality open spaces for the public and to transform the walkway with various facilities of international standards to improve the city’s tourism potential. It argued that the proposal was to construct kiosks on the deck space adjacent to the walkway and not on the footpath.

Further, GIDA said that the kiosks would not be permanent but would be more modular and portable in nature. Additionally, the court noted GIDA’s affidavit stating that it would demarcate a clear and obstruction-free walkway and place steel handrails between the walkway and the kiosk space.

The court observed that GIDA was constituted to implement the Vypeen bridges project, including the reclamation of 25 hectares at Marine Drive, which now includes Queen’s Walkway. The State had issued a patta for the reclaimed land to GIDA so that it could develop the area and use the land to secure financing. Later, the KTCP Act notified GIDA as a development authority. Thus, the court noted, the Kochi Corporation had no proprietary right over the land. Further, the Corporation had admitted that the land was not included in its asset register.