Water Logging Near National Highways: Kerala HC Flags Lack Of Coordination Among Stakeholders, Calls For Consultation Between State, NHAI
Tellmy Jolly
8 Aug 2024 4:00 AM GMT
The Kerala High Court observed that there must be consultation between the State Government and the National Highways Authority to find out a concrete solution to prevent water logging on the sides of National Highways, leading to hardships faced by those living near these highways which lacked a proper drainage mechanism.
The court was considering a plea by residents of the Varappuzha Grama Panchayat. The petitioners stated that the construction of a National Highway was causing a water logging problem in their area and that no cross-drainage system had been made by the National Highways Authority in this area leading to water accumulation causing hindrance to the public.
The Division Bench comprising Acting Chief Justice A.Muhamed Mustaque and Justice S. Manu observed that water logging occurs in many places where construction or widening of National Highways is taking place due to lack of coordination between various stakeholders. The Court noted that this issue arises from the lack of roadside drainage construction, as the National Highways Authority views it as a state responsibility.
“This situation has arisen because of the lack of coordination between different stakeholders. Merely directing the District Collector to invoke the provisions of the Disaster Management Act may not be sufficient. There must be a concrete solution in this regard by the State Government in consultation with the National Highways Authority.”
The Court passed the above order in a petition filed by the President and Secretary of Varappuzha Grama Panchayat in Thiruvananthapuram who were aggrieved by water logging in the Panchayat due to the construction of the National Highway.
The petitioners allege water accumulation in the rainy season due to the lack of construction of cross drainage system by the National Highways Authority.
The Court noticed that similar writ petitioners were coming before the Court complaining about water logging issues near to areas of construction or widening of National Highways like in the Mahe Bypass.
The Court observed that severe waterlogging issues are likely to arise once the Highways are fully operational unless the State and National Highways Authority take appropriate measures.
The Court said, “When the newly built National Highways become operational, it is likely to cause a serious threat with regard to water logging if no necessary measures are taken to construct drainage on the sides of the roads for the free flow of water. This may also result in accidents and also cause hindrance to the smooth sailing of vehicles.”
The Court thus impleaded the Principal Secretary of the Local Self Government Department, Thiruvananthapuram as an additional respondent and sought for response.
The plea has been moved by Advocates E.C.Kuriakose, Lejo Joseph George.
Case Title: The Varappuzha Grama Panchayath v The National Highway Authority Of India
Case Number: WP(C) NO. 16539 OF 2024
