"Tragedy That People Are Dying In Potholes Even In 2022" : Kerala High Court Makes Engineers & Contractors Liable For Bad Roads

The Kerala High Court on Tuesday pulled up the Engineers for their failure to repair the potholes on the roads and ordered that if roads are damaged and potholes appear within six months from the issuance of the completion certificate, then the Engineers and the Contractors will be subjected to vigilance inquiry.

Justice Devan Ramachandran expressing his distress over the accidents occurring due to the potholes on the roads, opined that the situation would not change unless the Engineers and the Contractors were held made liable for the potholes.

"It is a tragedy that people are dying in potholes even in the year 2022. It is news for us for five minutes, but it is a lifetime of loss for the family only because someone sitting somewhere did not do their job properly. Jobs for which they're being paid", the judge remarked orally.

It was submitted by the State before the Court that the work on the roads in Kochi was progressing. However, with the advent of monsoon season, the people are put in distress because of the poor condition of the roads. While hearing the matter, Justice remarked that when the roads are in this condition, it is no surprise that accidents occur.

The Court opined that it is the duty of the Engineers to ensure that the roads constructed under their supervision are maintained and is any potholes are rectified. The roads ought to have been maintained, especially during the monsoon. Adding, however, here it is on the contrary, and the roads are only repaired after the monsoon and next year, the same thing continues. Further, added that there are whispers that the work controlled and handled by engineers is sometimes vitiated by corruption. however, the court does not have any affirmative proof in this regard.

The Court observed that unless the Engineers and Contractors are made liable for the potholes on the roads, nothing is going to change. Thereby, the court ordered that if roads are damaged, and potholes appear within six months from the issuance of the completion certificate, then the Engineers and the Contractors will be subjected to vigilance inquiry. If found guilty, necessary action ought to be taken.

Justice Devan directed the Government to seriously look into this issue as they have departments dedicated to the construction and maintenance of roads. The judge also pointed out that in a previous order passed three years ago, the Court had sufficiently warned the Engineers and the Contractors on the issue.

As far as roads, in general, are concerned, the court ordered that any member of the society could reach out to any of the amicus curies appointed by the court so that the issue would be brought to the notice of the court. Furthe, the authorities of the Corporation shall circulate the order so that people are aware of it. Such an exercise has been done in the past, which resulted in good results.

When a similar matter was taken up earlier this month, the Court had cautioned the engineers and the contractors responsible for repairing faulty roads that the Court would not shy away from taking the maximum action against them as warranted in law, and it would be done without an exception.

"Tragedy That People Are Dying In Potholes Even In 2022" : Kerala High Court Makes Engineers & Contractors Liable For Bad Roads

Athira Prasad

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