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Karnataka High Court on the condition of Roads
On Wednesday, in an interim order passed by the Karnataka High Court on listening to a PIL filed by Vijayan Menon, a resident of Koramangala, ruled that bad condition of roads and footpaths having potholes, violates the Fundamental Rights of the Citizens provided under Article 21 of the Indian Constitution. In case of any death or injury due to poor condition of roads, the citizen can claim compensation from the institution responsible for maintain roads as its statutory and constitutional duty i.e., Bruhat Bengaluru Mahanagar Palike (BBMP).
A division bench of Chief Justice Abhay Oka and Justice Mohammad Nawaz in this matter said, “Over the years Supreme Court has expanded the scope of Article 21, (Right to Life and Personal Liberty). If citizens are to enjoy Fundamental rights, good and safe streets can be treated as something which is needed to live a dignified life. If potholes are there on the streets, life of citizens is exposed to danger. Umpteen number of cases where accidents have happened due to potholes/bad conditions. Two-wheeler riders are most affected. If citizens suffer due to bad condition of streets it will amount to infringement of Fundamental Right and under Public law remedy, they can seek compensation.”
The court gave a reminder to the civic body about its functions provided under the Karnataka Municipal Corporations Act. Having the streets in good condition is considered to be the fundamental rights of the citizens. For the comfort of the citizen to travel the roads needs to be properly levelled. It is an obligatory functions of the civic body to maintain the roads and keep them pothole free. It will be unfair for the citizen to not avail proper roads after paying amount of tax. Also, for the safety of those who are visually impaired the court has asked the corporation to put up necessary precautions required around the dug holes
The argument by the corporation that the bad condition is due to the ongoing construction work of metro etc. has been rejected by the court. Justice Oka opined that “Prima facie it appears that it is the statutory obligation of the corporation to maintain roads. Whether the condition of restoration of roads after carrying out work by entities is put on, the obligation of BBMP remains unaffected.” The corporation had to pay a reasonable amount to the victims of road injury or life loss.
A grievance redressal mechanism will be set up by the corporation for the ease of citizens to lodge online complaints or through an app in Mobile phones, as directed by the court. The court has asked to give wide publicity of the mechanism details in the mass media and social media. The court had directed the traffic police to inform BBMP of the road condition.
The court has given directions to the ward committees of all the wards to do regular inspection of the public streets and to submit the reports to the Municipal Commissioners office on monthly basis. The next date for hearing this matter is September 9, 2019 and the BBMP is required to submit the reports on what all actions taken by them.
