The Bombay High Court said on Thursday that citizens have a fundamental rights of good roads. The Court directing the municipal corporations to maintain all the roads including footpaths “in good and proper condition”. The observation was made by a division bench of justices AS Oka and CV Bhadang which passed a detailed order on a PIL highlighting the poor condition of roads in the state and incidents of motorists losing their lives due to potholes- ridden roads. The HC has further directed all corporations and the Mumbai Metropolitan Region Development Authority, Maharashtra State Road Development Corporation and Mumbai Port Trust to provide a mechanism to enable citizens to file complaints about the poor condition of roads.
Citizens Have Fundamental Rights to Pothole-Free Roads
The right to have roads in reasonable condition is a fundamental rights of every citizen, observed the Bombay High Court on Wednesday. Four methods have must be created by these authorities to receive complaints from people. The four methods include filing a complaint at designated centers, through provided toll free numbers, website and by text messages. These are very nice way to filling your complaint against potholes and bad road conditions. All the authorities were directed to repair the roads before monsoon and submit compliance report by July 6.
“It is high time that all concerned clearly understand that the right to have properly maintained roads is a part of fundamental rights guaranteed by Article 21 of the Constitution of India and in the event any loss is caused due to its violation, the citizens have a right to seek compensation,” the court said.
The court further held that the authorities’ excuse every year that the roads are bad due to heavy monsoon cannot be accepted as every year the monsoon in the city is heavy. In case of of infringement of the fundamental rights, a citizen can demand compensation apart from seeking the enforcement of the right, observed the HC. The court further directed municipal corporations to ensure display boards while granting permissions to various authorities to carry out digging work on the streets.
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