Locking Gates And Denying Access To Public Is Totally Unacceptable: Delhi HC
Locking Gates and Denying Public Access: Delhi High Court’s Stand
1. Core Issue
The question is whether a private individual or authority can lock gates and deny access to a public place or public thoroughfare, thereby restricting the fundamental right of public access and movement.
The Delhi High Court has consistently held that denying access to public places by locking gates or erecting barriers is unacceptable, especially when such places are meant for common use or public utility.
2. Judicial Reasoning and Case Law Principles
A. Right of Public Access and Passage
The courts have emphasized that public places or thoroughfares are meant for free access by the public.
Denying or obstructing such access amounts to a violation of the right to freedom of movement and the public’s right to use common spaces.
This principle applies irrespective of whether the land is owned privately if it is dedicated to or used by the public.
The principle is reflected in judgments where courts have recognized the right of the public to access places of public utility and common use.
B. No Right to Deny Access Without Legal Authority
The courts have held that locking gates or denying entry without proper legal sanction or authority is impermissible.
Even a private entity cannot unilaterally deny public access to a space that has been dedicated to public use or recognized as a public way.
Such acts can amount to obstruction of public right and cause hardship to the general public.
The Delhi High Court in various rulings has reiterated that access to public places cannot be arbitrarily restricted by locking gates.
C. Public Convenience and Social Interest
Public spaces serve a social purpose and contribute to the convenience and welfare of the community.
Courts weigh the interest of the public in free movement and access over the restrictive interests of individuals or authorities.
Denial of access impacts the daily life, movement, and livelihood of the people.
D. Duty of Authorities to Ensure Access
The courts often direct municipal or local authorities to ensure that gates or barriers do not prevent access.
Authorities are also held accountable for removing unlawful obstructions and restoring public access.
3. Summary Table of Judicial Principles
| Principle | Judicial Finding | Case Law Reference (General) |
|---|---|---|
| Right of public access | Public places/thoroughfares must remain accessible | Judgments upholding freedom of movement |
| No arbitrary denial of access | Locking gates to deny public access without authority is impermissible | Delhi HC rulings against obstruction |
| Public interest over individual restriction | Public convenience and welfare take precedence | Various public interest litigation rulings |
| Duty of authorities | Authorities must prevent obstruction and ensure free access | Delhi HC directives to local bodies |
4. Conclusion
The Delhi High Court’s stance is clear:
Locking gates and denying access to public places or thoroughfares is wholly unacceptable.
Such actions violate the public’s right to free movement and access to common spaces.
No individual or authority can deny entry or restrict access arbitrarily.
The court’s role includes ensuring public convenience and preventing unlawful obstructions.
Authorities are often directed to remove barriers and restore access to uphold public rights.
RELATED Blog
0 comments