Priya Gour
Published on: 10th August 2022 at 21:26 IST
The Kerala High Court Single Bench of Justice Ramachandran expressed anguish over the death of a person by falling into a pothole.
The Bench slammed NHAI for poor maintenance of highways emphasized about the repairs being done at the earliest, to prevent similar deaths. These accidents are never taken seriously until such deaths occur.
“We can neither wait for another victim; nor can we let the roads of Kerala to be killing fields – whether it be under the NHAI, PWD or the Local Self Government Institutions.”
The Court also noted: “The gravity of the situation in Kerala is now for all to see. We do not react until we are the victim or someone we know faces such a situation. It is always as if accidents only happen to others and not to ourselves. But this is a myth, as anybody with reasonable sense would reckon”
About the matter: The Court made was hearing a pending writ petition moved in 2008, to direct concerned authorities for maintenance of the roads.
The Court had fixed the responsibility on the concerned engineers/staff of the respective departments/ local self government institutions fir timely repair work.
The Court took up the matter on an urgent basis after the came was informed about a recent death of a person on a national highway on the state, by an amicus curiae advocate Vinod Bhat.
Justice Ramachandran quoted: “even now, despite the orders of the Court, the roads eventually fall into disrepair after initial and temporary restoration.”
Government counsel KV Manoj Kumar informed the court that a necessary criminal investigation is underway. The NHAI Concessionaire for that stretch, has been charged as an accused in the concerned matter.
NHAI’s counsel , accepted about some existing issues also about their responsibility for the upkeep, maintenance and restoration of the road stretch. The issue is still being surveyed by them. Also, NHAI is already undertaking repair works of road stretches across the State to prevent any of such incident.
Further the court directed NHAI stating that, “Though we have several provisions, it is seldom put to effective implementation.”
The Court observed that the District Collectors have been given powers under the Disaster Management Act to act before the occurrence of any disasters including even man-made ones.
“I fail to understand the purpose of an order issued under the Disaster Management Act after an accident has happened.”
“It is surely for the Disaster Management Authority of every District to act proactively to ensure that such do not happen, whether that be in the National Highway, PWD Roads; or any other road under the control of the various Local Self Government Institutions”
Henceforth, the Court directed the District Collectors to issue orders regarding any road which potholes and take necessary action against the jurisdictional Engineer, contractors or any other responsible.