Article 21 is wide enough to ensure good and safe roads for transportation : Karnataka HC

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Article 21 is wide enough to ensure good and safe roads for transportation : Karnataka HC

A division bench of Karnataka High Court consisting of Chief Justice Abhay Oka and Justice Mohammad Nawaz contented that Supreme Court Of India have expanded the scope of Article 21 of the Indian Constitution and Right to Life and Personal Liberty means right to live a dignified life . This right includes safe access to public roads, presence of potholes or bad road conditions hamper the fundamental right of the citizens. The rate of accidents due to such bad conditions of the road are increasing day by day rendering the lives of people at risk. Abrogation of the fundamental right calls for a legal remedy and therefore all those who suffer are entitled to compensation.

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Bruhat Bengaluru Mahanagara Palike submitted that the bad conditions of the roads were due to ongoing development work of the metro and other public infrastructure. The court rejected the claims of BBMP and opined that it is the statutory and constitutional duty of this body to maintain these roads. The court reminded the civic body about its obligations given in Karnataka Municipal Corporations Act . The court while mentioning that citizens are taxpayers of this country and they have all the right to use a leveled road without any potholes for smooth travelling directed the body to set up a grievance redressal mechanism within six weeks where citizens could lodge their complaint online. It has also been directed to submit status report on the next date of hearing i.e 9th September 2019.

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