Good And Safe Roads Are Fundamental Rights Of Citizen :Karnataka HC [Read Judgment]

The Karnataka High Court on Wednesday ruled that bad condition of roads and footpaths, having potholes on roads, is a violation of Fundamental Rights of Citizens, guaranteed under Article 21, of the Constitution of India. If a citizen suffers any injury or loss of life, they can seek compensation from the Bruhat Bengaluru Mahanagara Palike (BBMP), as it is their statutory and constitutional duty to maintain roads and footpaths.

A division bench of Chief Justice Abhay Oka and Justice Mohammad Nawaz 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 road 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."

Further, if a citizen suffers loss/damage arising out of poor conditions of street, footways. They can alternatively make representation to the corporation. "We hope and trust that it (BBMP) will award reasonable compensation to the affected," the bench said.

The court reminded the civic body about its obligatory functions as laid down under the Karnataka Municipal Corporations Act. "It is the Right of citizens to have streets in good condition. Roads have to be properly leveled so that citizens can comfortably travel. Maintaining of roads and keeping them pothole-free is part of larger obligatory functions of the civic body. Citizens are taxpayers and life is not cheap that civic body will not perform their obligatory duties. For which, either someone has to lose life or suffer injury."

The court prima facie rejected argument of the corporation that conditions of bad roads in Bengaluru city is due to ongoing development work of Metro and digging up by other public entities. As per details provided to court, 108 roads stretching over 401 kilometers, are affected due to potholes. Justice Oka said "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." BBMP will have to on the next date of hearing, address on this issue raised by the court.

BBMP is directed to in six weeks set up a grievance redress mechanism, allowing citizens to lodge complaints online and through a mobile application. "Give wide publicity in newspapers, social media and display in its offices, the mechanism details," court said. Traffic police is directed to inform BBMP of bad road conditions. BBMP is told to take care of rights of visually disabled persons by putting up necessary precautions, around dug up roads.

Court directed ward committees, constituted in all wards to ensure regular inspection is done of public streets in areas. Monitor, work of repairs being carried out, "It is their responsibility to ascertain precautions are taken by BBMP/ public entities, allowed to dug up roads. They will have to submit monthly reports to the Municipal Commissioners office," the bench said. The BBMP has been told to submit a gist of the action taken reports, to court on the next date of hearing, September 9. BBMP is also asked to consider whether it can impose a condition on entities to deposit entire estimated restoration cost, while granting permission for work.  

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