Good roads, footpaths a fundamental right; Lives of tax-payers not cheap to suffer from bad roads, says High Court

Bengaluru: Nothing can calm the rage and grief felt by parents whose child’s life is snuffed out in a pothole-related accident. But next time someone loses life or a limb due to bad roads or killer potholes in Mysuru or Bengaluru, the Civic Administration (Corporation) is liable to pay compensation. Citizens can move the High Court seeking relief for damages and loss of life due to bad roads. 

In a landmark judgement, the Karnataka High Court, providing a major relief to citizens suffering from bad roads in Bengaluru and other parts of the State, yesterday declared that the right to have reasonably good footpaths and roads is a Fundamental Right of citizens under Article 21 of the Constitution. 

The Court also declared that citizens can knock on the doors of the High Court to seek compensation from the civic authority (Corporation) for loss or damages caused by bad footpaths and roads. It is the statutory obligation of a Municipal Corporation to maintain footpaths and roads in good condition under Section 58 of the Karnataka Municipal Corporations Act, 1976, the Court ruled. It said that lives of tax-payers are not cheap that they should suffer from injuries or loss of lives just because of bad footpaths and roads. 

A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Mohammad Nawaz passed the interim order during the hearing of a Public Interest Litigation petition, filed in 2015 by some residents of Koramangala in Bengaluru, who had complained about the failure of the Bruhat Bengaluru Mahanagara Palike to maintain roads in proper condition.

“Even after payment of tax, citizens still face risks and suffer injuries. Therefore, we make it clear that citizens can claim compensation in the event of accidents due to poor condition of roads,” the Bench said. In its interim directive, the High Court also roped in the Traffic Police to check on the condition of roads and footpaths, and report to the Civic Authority. “It is the duty of the Traffic Police to inform the Civic Authority about potholes and poor condition of roads,”  the Court said.

The Court said there were umpteen number of examples wherein the lives of citizens was exposed to dangers due to accidents arising out of potholes and bad condition of roads — more so for those travelling on two-wheelers. However, the victims have to make a representation to the Civic Body and the latter has to be reasonably satisfied with the particular case. 

Citing Supreme Court judgments, the Bench said if citizens suffer injuries or loss of life                                                  due to bad roads, it amounts to infringement of their right, while describing the right to have good roads a necessity to lead a meaningful and dignified life under Article 21 of the                  Constitution.

Noting that the Supreme Court had expanded the scope of Article 21, the Court said citizens have a right to meaningful and dignified life. “Article 21 does not contemplate mere animals. Good roads are a necessity for meaningful life. Therefore, serious consequences will follow in the event of violation Article 21,” the Court warned.

“It is the statutory duty of the Civic Body to maintain the roads as well as footpaths. If citizens are deprived the use of roads, and bad roads cause accidents, it is an infringement of their rights. It is high time that the citizens are aware of their rights and Civic authorities should be made aware that the public have a right to claim compensation,” the Court said.