'Are These Roads Glued To The Ground?' : Kerala High Court Slams Kochi Corporation Over Roads Being Damaged Amid Monsoon

The Kerala High Court on Thursday pulled up the Kochi Corporation and the Public Works Department over their failure to take adequate action for repairing the faulty roads in the city even after delivering repeated directions. 

Justice Devan Ramachandran observed that most of the roads in the city were destroyed after rainfall and that some action had to be taken to repair these faulty roads. 

"A majority of the roads in the city have become damaged after the rains. Are these roads glued to the ground? If roads continue to be faulty, that means the directions of this court are falling on deaf ears." 

This observation was made by the Court after amici curiae Advocates Vinod Bhat and S.Krishna submitted that its earlier observations commending the Corporation have now virtually turned futile because most of the Corporation roads and PWD roads within the city have gone into a state of disrepair.

The Court responded that if that was the case, the situation was extremely tragic and that the stakeholders and the Engineers were forcing it to act very strongly against them. 

It was also observed that if the Engineers who have been vested with primary responsibility for the maintenance of the roads could not do so, they are expected to go to the higher authorities and report the same.

"The directions of this Court cannot be an empty claptrap, but must be obeyed scrupulously." 

In its order, the Court said that the contractors and engineers will be taken to task since at the first sight of monsoons, the surfaces of the roads seen to be withering away while adding that this cannot be tolerated any further. 

As such, the competent Authority of the PWD and the Secretary of the Corporation of Kochi were directed to file a status report, taking note of the inputs of the Amici Curiae, detailing the names of the Engineers/Contractors for each of the said roads, and the action taken against them. 

The Judge also cautioned the engineers and the contractors responsible that the Court will not shy away from taking the maximum action against them as warranted in law and that this will be done without exception.

That being said, the Single Bench also observed that not only were the surfaces of the roads which are of concern now, but also the footpaths and the cable overhanging.

"This Court had passed orders with respect to the afore aspect several months ago, but, on the ground level, nothing appears to have changed. Conservative estimate shows that hundreds of pedestrians have died on the roads due to the deplorable condition of the pedestrian paths."

The Judge wondered why the Police and other authorities have not taken necessary action to keep the pedestrian paths safe. Finding that the Commissioner of Police of Kochi was on the party array, he was asked to answer this through an affidavit by the next posting date.

Regarding the issue of overhanging cables, the Secretary of the Corporation was directed to put on notice that if they are not removed within the next few days, he will be personally held responsible. 

As such the matter has been adjourned to be heard again on 18th July.