Karnataka HC Directs BBMP To File Details Of Potholes

The Karnataka High Court on Tuesday said it would pass and order on July 23, stating that "Pothole-free roads are fundamental rights of every citizen, guaranteed under Article 21 of the Constitution, and in the event any loss caused due to its violation, the citizens have the right to seek compensation."

A division bench of Chief Justice Abhay Oka and Justice H T Narendra Prasad also asked the Bruhat Bengaluru Mahanagara Palike (BBMP), to provide details of the number of potholes which it has fixed and complaints received about potholes, by the next date. The direction was given during the hearing of a petition filed by Vijayan Menon and others who had moved the court seeking directions to the BBMP to place a report on action taken on repairing and filling the potholes and also provide a mechanism to the citizens to file complaints on the poor.

Justice Oka said;

"I was a party a judgement in the Bombay High Court on a similar issue with regards to potholes, where it is held that it is a violation of the fundamental rights of citizens. We will lay down the same law."

In May 2015, the Bombay High Court had ruled that "Pothole-free roads and properly leveled footpaths are fundamental rights of every citizen, guaranteed under Article 21 of the Constitution, and in the event any loss caused due to its violation, the citizens have the right to seek compensation. It is the obligation of the authorities concerned to maintain the footpaths properly leveled and in such a condition that it can be conveniently used by pedestrians. This aspect cannot be taken lightly by any authority."

Counsel for BBMP said "We are working very hard to ensure there are no potholes. There is a mobile application where citizens can lodge complaints." Advocate for the petitioners argued that roads are not in good condition and the mobile application mentioned by the civic body counsel is a general application for registering complaints against many other things. Till now rains have been harsh and not arrived in Bengaluru but once it rains the situation will worsen. To which the court said "Only when there are claims for compensation filed by citizens, against the civic body will things start moving."