Development Of Roads To Be Done Considering The Future, Not Just Present Requirements : Kerala High Court

The Kerala High Court on Monday suggested that the State government should consider designing roads for the future- amidst all the ongoing discussion about the future with K-Rail project SilverLine.

While adjudicating upon a plea alleging that a 14 km stretch of a road development project was being done with a reduced width citing financial constraints, Justice Devan Ramachandran orally remarked:

"When you speak about the K-Rail project, you talk about the future. I am happy that someone is taking account of the future. Let's talk about the future when it comes to the roads, too." 

The Court further observed that if the State can acquire land for the SilverLine project, it can surely do the same to develop wider roads.

The petitioner had sought that the initially proposed road width should be maintained for the entire project— from Tirurangadi to Parappanagadi. The State government had earlier submitted that an additional Rs. 150 crore would be required to construct the road in question with a width of 12-15 metres as was initially proposed by the Kerala Infrastructure Investment Fund Board (KIIFB).

During the hearing, Senior Government Pleader K.V. Manoj Kumar submitted that a proposal for acquisition of land for the purpose of maintaining the width of the road as 12 metres will be submitted by the PWD before January 31st.

Recording the same, the Court asserted:

"This Court has been repeatedly reminding that the development of roads will have to be done keeping in mind the future and not the present requirements alone. The existing width of 8 metres certainly is woefully insufficient, even going by the contemporaneous traffic situation."

The Judge thereby sought a report from the State before the next hearing on the status of the new proposal for further land acquisition. It also said that while the road work may go on, the State will not be absolved from its obligation to broaden the road.

"Needless to say, the work of the road need not be held up for want of acquisition and it can be completed on whatever land is available; however, making it clear that this will not absolve the responsibility of the competent Authorities to widen it to 12 metres, which will be decided by this Court eventually in this writ petition."

The matter will be taken up again on 10th February. 

Case Title: M.P.Abu Swalih Koya Thangal v. State of Kerala

Click Here To Read The Interim Order