'We Personally Feel You Have Not Done Anything': Karnataka High Court On BBMP's Claim Of Filling Up All Bengaluru Potholes

A division bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj orally observed,

"We personally feel that you have not done anything...Don't say anything which we ourselves feel is wrong."

The bench made these observations after Advocate K N Puttegowda appearing for the corporation made an oral statement.

Further, on going through the status report submitted by the BBMP, the court said,

"We are concerned with why potholes develop after every rain? What kind of technology you (BBMP) are using? What procedure you are adopting to fill potholes? Why can't it be for a longer duration by using better technology? Why after every rain these potholes erupt on every road in the city? That shows the quality of the work that you are performing."

Puttegowda responded by saying that the city has grown over a period of time and even claimed that heavy vehicles which are plying on the roads causing the potholes to happen.

To which the court said, "You cannot get away by saying that when the roads were constructed the load on the roads was less. Now you have to come out with solutions! Some method you have to come out with to ensure that roads bear the load."

Further, it orally observed, "We are not satisfied with your work. This compliance report is totally a sham. We wanted you to submit a status report informing us as to what procedure you are going to adopt to fill these potholes. Everyone who uses the roads, is aware about the quality of the roads and you are saying that you have made the roads pothole free? How can that be believed?"

The court also brought to the notice of BBMP that agencies like BWSSB, BESCOM, GAIL have cut the roads for carrying out work and caused damage. The court queried whether there was any coordination between the agencies and BBMP.

Advocate S R Anuradha appearing for petitioner Vijayan Menon submitted that only due to pendency of the petition and pursuant to orders of the court, there is some semblance to roads in the city. The orders have been helpful to ensure BBMP does some work.

In its order the court noted, "Perusal of the status report itself indicates that roads have not been made potholes free. It goes to show that more than 30 km in major roads and 482 km in zonal ward roads, the filling up of pothole work is not done."

Further it stated, "The report also indicated that BWSSB, BESCOM, GAIL have caused rabid digging and insertion of pipelines, causing road distress and formation of potholes. The counsel for BBMP is not able to satisfy the court about what action is taken against the agencies who were permitted to cut the road for certain works and have not completed their work in time. He has not been able to show as to what procedure and technology is adopted by them to carry out the pothole repair work."

The court observed, "There shall be some coordination between these agencies who are permitted to cut the roads for certain work and BBMP. Moreover, the technology used by BBMP in repair of the roads and potholes does not seem to be proper, which causes improper working of road repair by BBMP."

The court opined, "We are not satisfied with the status report submitted by the BBMP." Following which it directed, "The BBMP shall inform as to what technology is being adopted by them for the repair of the city roads and whether they have engaged any experts and outside agencies who are experts in the construction and repair of roads for this work. The procedure adopted by BBMP shall be brought on record and the policy if any for permitting the agencies or bodies to cut the road and repair it in a time bound manner shall also be placed on record."

The court also directed the Chief Engineer of BBMP to remain present before the court on the next date of hearing. Orally it said, "Apprise your Chief Engineer that on the next date we will be taking action against him. He is the person responsible for the bad condition of roads."

The matter will be next heard on February 7.

Case Title: Vijayan Menon v. Secretary Urban Development Department

Case No: WP 42927/2015