Karnataka High Court Directs Paralegal Volunteers To Verify Condition Of Bengaluru Roads

A division bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty directed the "Karnataka State Legal Services Authority in coordination with Secretary of Bengaluru Urban district legal services authority to create a panel of para-legal volunteers and advocates who are willing to do the job assigned to them. Secretary shall identify various public streets in various public streets in different parts within the jurisdiction of BBMP and panel advocates and pra-legal volunteers who are willing to do pro-bono work, shall be requested by the secretary to visit public streets to ascertain the conditions of the streets. Panel advocates and para-legal volunteers, shall act as Commissioners of this Court and submit their reports to the secretary along with photographs."

The bench passed the direction after BBMP refused to consider the suggestion made earlier by the court to appoint Indian Institute of Science, as an agency to conduct audit of the roads which are claimed to be made pothole-free. BBMP had earlier claimed that 74 roads have been repaired and they are now pothole-free. The bench had suggested that the Indian Institute of Science through its civil engineering department will have to ascertain not only whether the potholes are filled up by using the best scientific method, but also to assess whether the said roads are in a reasonably good condition.

Counsel for BBMP informed the court that it has repaired the road at the cost of Rs 70 lakhs, while the institute was demanding an amount of Rs 5.94 crores, for inspection and submitting reports. To which the bench said "The issue is not only about potholes but public streets and footpaths."

In its order the bench noted that "A detailed order was passed by this court on July 31, 2019, on laying down obligations of BBMP as well as laying down law. This court has held that the right to have roads and footways in reasonable conditions is a part of Right Guaranteed under Article 21 of Constitution of India."

It added "As BBMP is unable to accept the suggestion to appoint an expert agency to report conditions of roads. We propose to get reports on the present conditions of streets to enable us to decide on correctness of stand taken in the compliance reports. "

The bench also directed the Secretary of the legal services authority to invite the petitioners and their counsel for a meeting to decide which public streets should be inspected. The secretaries of both authorities have been told compile reports and prepare a gist thereof for placing it before the court. Softcopies of the reports prepared by the court commissioner is to be forwarded to the petitioners counsel and the BBMP.

The directions were given while hearing a public interest litigation filed by one PIL filed by Vijayan Menon in the year 2015, highlighting the problem of bad condition of roads in the city. The matter will now be taken up for further hearing on February 9, 2021 for consideration of the report submitted by the Authority.