Road Maintenance Concerns Citizens' Fundamental Rights, State Can't Shirk Responsibility Citing Lack Of Funds: Delhi High Court

A Division bench comprising Acting Chief Justice Vipin Sanghi and Justice Sachin Datta was hearing a public interest litigation filed by Jan Kalyan Vikas Samiti for construction of roads.

Earlier, the High Court had disposed the writ petition filed by the organization with a direction to the authorities concerned to consider the grievance as a representation.

However, it is the Petitioner's case that its representation was rejected by the authorities on the ground of "paucity of funds".

At the outset, Justice Sanghi remarked, "This cannot be valid ground as Fundamental Rights of people are involved."

The counsel appearing for Respondents on advance notice informed the Court that the work had been initiated however, the same came to a halt as the MLA withdrew financial support.

"In our view that can't be the reason for non-repair of roads in question as it involves Fundamental Rights of citizens," the Bench said in its order.

It issued notice on the petition and directed the Respondents to proceed to execute the work by making financial arrangement and file a status report in that regard by November 22.

Case Title: Jan Kalyan Vikas Samiti v. GNCTD