'Can't Allow Public To Die Like This': Karnataka HC Directs BBMP To Submit Plan For Automatic Pothole Filling Machines

A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magdum said, "Why the arrangement was not made in advance and why they were waiting till now and now wants time to float tender etc to get the required machines," needs to be explained.

The contract with the private agency ended on January 3, 2022 and the BBMP did not renew or procure the technology on its own.

During the hearing the bench observed, "We cannot allow the public to die like this. Petitioner counsel has informed that a young mother died on road, few days back, what can be more pathetic."

The court also directed the corporation to explain as to why the contract with that agency which was earlier providing the automatic pothole filling technology cannot be renewed in case there were no complaints against their work and quality.

Further, the court said, "The BBMP also has to submit the plan of technology which they are going to use by adopting the cutting machines, automatic pothole filling machines and hot mix tar in filling of the potholes and the plan for the roads to be repaired by adopting this technology."

Advocate Sreenidhi V appearing for the corporation informed the court that the automatic pothole filling technology was first used in Bengaluru. To which the court said, "Don't boast about your credentials. For the last so many years this petition has been pending and every time when court takes up the matter you wake up from your slumber and then you do something and forget again everything."

As advocate Sreenidhi had appeared in the matter for the first time for the corporation the court granted him a week's time to file a better status report.

However, it orally warned the corporation that it would take strict action against the officers responsible for bad roads in the city. It said,

"You (BBMP) people will not improve, unless we do not take strict action against your officers, only then you will understand. Either we direct registration of FIR against officers holding them responsible for…We only want that the roads should be such that they are motorable."

The directions were given during the hearing of a public interest litigation filed by one Vijayan Menon in the year 2015, highlighting the problem of bad condition of roads in the city. The matter will be next heard on February 15.

Case Title: Vijayan Menon v. Secretary Urban Development Department

Case No: WP 42927/2015