In a landmark interim order, the Bombay high court held that right to good roads is a fundamental right of citizens under right to life and held that it was the state's statutory obligation to provide good roads.
A bench of Justices Abhay Oka and C V Bhadang directed the civic administrations in Mumbai, Thane and three other municipalities in Thane district, as well as the Mumbai Metropolitan Region Development Authority (MMRDA), Maharashtra State Road Development Corporation (MSRDC) and Mumbai Port Trust (MbPT) to maintain all roads under their control and keep them pothole-free.
“It is high time that all concerned clearly understand that a right to have properly maintained roads is a part of the fundamental right 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,'' said the bench, while noting that neither did BMC nor other agencies “attempt to suggest that road conditions are good“.
A bench of Justices Abhay Oka and C V Bhadang directed the civic administrations in Mumbai, Thane and three other municipalities in Thane district, as well as the Mumbai Metropolitan Region Development Authority (MMRDA), Maharashtra State Road Development Corporation (MSRDC) and Mumbai Port Trust (MbPT) to maintain all roads under their control and keep them pothole-free.
“It is high time that all concerned clearly understand that a right to have properly maintained roads is a part of the fundamental right 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,'' said the bench, while noting that neither did BMC nor other agencies “attempt to suggest that road conditions are good“.
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