The Kerala High Court on Monday directed the National Highways Authority of India (NHAI) to take immediate steps to get every damaged or potholed roads under its control repaired through its concessionaires or contractor in a week.
Observing that the court could not let the roads in the State be “killing fields”, Justice Devan Ramachandran directed all the District Collectors in their capacity as head of the District Disaster Management Authority (DDMA) to issue orders with respect to any road on which potholes are found and take necessary action against the jurisdictional engineer or contractors or any other persons responsible for its poor maintenance.
The court also directed the NHAI to conduct an inquiry into the accident in which a scooter rider died after his two-wheeler fell into a big pothole at Athani near Nedumbassery and accidents that occurred in another stretch that had gone into disrepair and to file a report fixing the responsibility on the concessionaire or contractors concerned.
The court observed that the District Collectors could not be mere spectators and act only when an accident took place. They were enjoined to act to avoid it. It was the true spirit of the Disaster Management Act. The Collector in his/her capacity as head of the DDMA had a definite role to play.
The Act empowered the collectors to take action to avoid accidents which included mishaps or manmade calamity. A road being potholed and craters being allowed to be formed were certainly manmade causes, particularly because it could only be seen as on account of the total negligence or indifference of the concerned authorities, including engineers as also the concessionaires and contractors.
It was certainly for the District Collector to act proactively to ensure that such accidents did not happen whether it was on the national highway or Public Works department (PWD) roads or roads under the local self-government institutions.
The court observed that even isolated incidents would have to be taken note of and acted upon, fixing the full responsibility on the contractor and the engineers concerned.
The court also pointed out that prima facie, the collection of tolls on the roads would pre-suppose the responsibility of the concessionaires or the competent authorities to maintain the roads in the best manner possible. That was the right of the citizen and certainly one that will impel the court to issue orders in the future.
The court issued the directives in a case relating to road repairs that came up for hearing.
The amicus curiae appointed in the case submitted that Section 198A(2) of the Motor Vehicles Act prescribed punishment with a fine of up to ₹1 lakh and payment of compensation to the families of those who died due to the failure to maintain the roads properly. It was also pointed out that Section 8B of the National Highways Act provided for compensation and damages in cases where anyone caused distress or damage to highways.
The counsel for the NHAI submitted that the agreements with the concessionaires by the NHAI specifically enumerated the responsibility of the concessionaires to pay damages and compensation in the event of accidents, injuries and death.
The government pleader submitted that criminal l investigation into the accident at Nedumbassery was under way, and the concessionaire of the NHAI had been arraigned as an accused.
